Topic
Coverage Dispute
91 published works
Ohio Appellate Insights
What’s on their Minds: How to Determine Domicile. Peggy Spaeth, et. al. v. State Automobile Mutual Insurance Company
Update: On October 14, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On November 6, 2013, the Supreme Court of…
InsureReinsure
Massachusetts Federal Court Dismisses Suit Seeking to Hold Carrier Liable for Cost of Bond After Exhaustion of Policy Limit
A Massachusetts federal court dismissed a coverage lawsuit against a liquor liability insurer, holding that the “supplementary payments” clause in its policy did not require the carrier to furnish a…
The D&O Diary
D&O Insurance: How Many Different Ways Can Coverage Be Precluded for a Single Case?
Due to the complexity both of the D&O insurance policy and of the kinds of claims that can arise, the question of whether and to what extent a particular claim…
The D&O Diary
D&O Insurance: No Coverage for Attorney Fee Award to Underlying Plaintiffs if Underlying Claim Not Covered
Does a D&O insurance policy provide coverage for attorneys’ fees awarded in settlement of a breach of contract class action? That was the question before the court in an insurance…
Property Insurance Coverage Law Blog
Certain Coverage Disputes Under New York Law May Not Prevent An Appraisal Demand
By Shaun Marker
Under New York law, certain coverage disputes may not prevent appraisal. You may have heard the general rule that issues involving coverage disputes under an insurance policy are purely legal…
Property Insurance Coverage Law Blog
Appraisal in Flood Claims
A topic of much debate after Hurricane Sandy is the appropriateness of appraisal when property owners and their carrier do not agree. Can appraisal address scope (coverage) as well as…
New Jersey Insurance Coverage Litigation
Coverage for class action settlements
By Gene Killian
Here’s a fairly frequent scenario in the insurance world. The carrier takes a “no- pay” position on a liability claim. The policyholder settles the case and then seeks reimbursement from…
Tom Mighell
Blawg of the Day – Property Insurance Coverage Law Blog
By Tom Mighell
The Property Insurance Coverage Law Blog is brought to you by the Merlin Law Group, a firm with offices in Texas, Florida, Colorado, and Florida. Chip Merlin calls himself "The Policyholder's…
Reverse & Render
“Arising out of” = “Resulting from”
My insurance coverage friends will appreciate this one: The Texas Supreme Court has held that there is "no significant distinction" between an automobile insurance policy that provide coverage for bodily…
Insurance Law Hawaii
California Court Determines Horizontal Exhaustion Applies, But Underlying Limits Cannot Be Stacked
The case involved another chapter in the long-standing coverage litigation in which the insured, Kaiser Cement and Gypsum Corporation, sought to enforce indemnity obligations against its insurers for thousands…