Topic
Coverage Dispute
91 published works
The D&O Diary
Del. Court Dismisses Coverage Suit Based on No Action, Prior Acts Clauses
In a recent decision in an insurance coverage dispute, the Delaware Superior Court granted the insurers’ motions to dismiss, holding that coverage under two towers of insurance was precluded, respectively,…
Insurance Law Hawaii
Ninth Circuit Sanctions Lawyer for Repeating Previously Rejected Coverage Arguments
The Ninth Circuit affirmed the district court's ruling against the insured and imposed sanctions on the insured's lawyer for pursuing a coverage argument the court had previously rejected.…
Property Insurance Coverage Law Blog
The Specified Causes of Loss and Falling Objects—Can Debris Travelling Down a Mountain Be a Falling Object Triggering Coverage?
By Chip Merlin
A condominium made a claim arguing that unstable excavation material, which became heavy enough due to spring runoff, fell down a mountainside, causing damage to the condominium.1 The condominium made…
Zalma on Insurance
Sexual Assault Excluded
By Barry Zalma
Situs of Assault Does not Create Coverage See the full video at https://rumble.com/v3koage-sexual-assault-excluded.html and at https://youtu.be/DB7nwDh1Znc A coverage dispute arose from the sexual assault of a special needs student aboard…
Insurance Coverage Notes and Developments
Supreme Court Of Kentucky Permits Third-Party Bad Faith Claim To Proceed Against Insurer Before Final Adjudication Of Coverage
Note: This article was originally published by Law360 as an Expert Analysis column. Like most jurisdictions, Kentucky follows the general rule that an insurance bad faith claim cannot be maintained…
Insurance Law Hawaii
Surplus Lines Carriers Cannot Compel Arbitration in Louisiana
The court denied the surplus lines insurer's motion to compel arbitration based on Lousiana's law prohibiting arbitrations of coverage disputes. Fairway Village Condominiums v. Independent Spec. Ins. Co.,…
Insurance Law Hawaii
Law Firm Fails to Survive Insurer’s and Agent’s Motions to Dismiss
Interpreting New Jersey law, the federal district court dismissed without prejudice the law firm's complaint against its insurer and agent. Law Office of Drew J. Bauman v. Hanover…
Zalma on Insurance
Intentional And Inherently Or Predictably Harmful Conduct Cannot Be Covered
By Barry Zalma
WILFUL ACT EXCLUDED BY CALIFORNIA STATUTE See the full video at https://rumble.com/v2f0w4e-intentional-and-inherently-or-predictably-harmful-conduct-cannot-be-covered.html and at https://youtu.be/bJgXcnZCUAM Markel American Insurance Company (“Markel”) issued a management liability policy to United Talent Agency (“UTA”).…
Canadian Lawyer Mag
NS court rules against insured injured at carjacking in coverage dispute
Insurance claim arose after uninsured man allegedly assaulted woman while stealing her vehicle
Hunton Insurance Recovery Blog
Harvard Learns Lesson About Timely Notice
By Lara Degenhart Cassidy, Casey L. Coffey
While Harvard prepares to defend its admissions policies to the Supreme Court, one of its insurers continues to argue that a technicality prevents Harvard from recovering $15 million to defray…