I seriously don’t know why so many judges have seem to have such a difficult time applying insurance law. Don’t tell anyone, or coverage lawyers like me may have to reduce our hourly rates, but the whole body of insurance
Continue Reading The sad state of the duty to defend in New Jersey
The Killian Firm, P.C.
EUGENE KILLIAN, JR. is an AV-rated® graduate of the University of Chicago (B.A., English, with honors) and the University of Michigan Law School. Repeatedly named one of New Jersey’s “Super Lawyers,” as well as one of the “Best Lawyers in America,” Gene practiced with one of the nation’s preeminent insurance coverage law firms before starting his own law firm in 1995, which is now known as The Killian Firm, P.C.
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Are fraud claims covered by insurance?
By Gene Killian
If you were born and raised in New Jersey like me, you’ve heard your share of New Jersey jokes from interlopers who think the entire state looks like the Turnpike near Newark Airport. (“What exit?” How wonderfully clever.) My response…
Continue Reading Are fraud claims covered by insurance?
When Insurance Companies Won’t Settle
By Gene Killian
I’ve been representing policyholders in insurance coverage litigation for 35 years, and I’m convinced that I’ll never understand the logic of insurance company claim departments. They settle cases that I think they might want to fight, and they fight cases…
Continue Reading When Insurance Companies Won’t Settle
Insurance policy notice provisions, and a mistake by a Supreme Court nominee
By Gene Killian
I hesitated to write this blog post, which is intended to be nonpolitical. We’re currently in the middle of an exceedingly nasty election season, and any topic that even remotely touches on politics is likely to lead to online mayhem.…
Continue Reading Insurance policy notice provisions, and a mistake by a Supreme Court nominee
Fighting the Delay, Deny, Defend games that insurance companies play
By Gene Killian
We have a coverage case in the office that’s 15 years old, with no end in sight. The amazing thing is, it’s not even a particularly complicated case. I don’t want to go into too much detail or give the…
Continue Reading Fighting the Delay, Deny, Defend games that insurance companies play
Frozen pizza, the sistership exclusion, and an insurance company’s duty to defend
By Gene Killian
My maternal grandfather, Pasquale Cupito, was a legend. I have far too many stories to list here, but one of them involves a giant garbage can lid that he used as a cooking utensil. See, he could make a mean…
Continue Reading Frozen pizza, the sistership exclusion, and an insurance company’s duty to defend
The professional negligence of insurance brokers
By Gene Killian
I promise not to discuss COVID-19 in detail in this post. The recent deluge of hot legal takes about the pandemic may be making a lot of people sicker than the virus itself. So, let’s talk about a different, earlier…
Continue Reading The professional negligence of insurance brokers
Business Interruption Insurance and COVID-19
By Gene Killian
In the 2008 film Wall-E, Earth is a post-apocalyptic wasteland with nothing on it but the abandoned remnants of human society, and a forlorn, trash-compacting robot. The robot’s only living company is a pet cockroach named Hal, which I guess…
Continue Reading Business Interruption Insurance and COVID-19
Detecting fraudulent certificates of insurance
By Gene Killian
Here’s a piece of useless trivia for you. You know that old saying that something “isn’t worth the paper it’s written on”? The saying apparently originated back in 1861, when Count Johann Bernhard von Rechberg und Rothenlöwen (remember him?), an Austrian…
Continue Reading Detecting fraudulent certificates of insurance
New cyber-liability insurance coverage decisions from the federal courts
By Gene Killian
Not long ago, there was a kerfuffle over the use of the term “OK, Boomer,” which I guess is a pejorative term aimed at my generation for being out-of-touch with the modern world. (See the Vox article here.) Truth…
Continue Reading New cyber-liability insurance coverage decisions from the federal courts