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News & Developments »

Coverage and Damage Must Be Determined Before A Bad Faith Action Becomes Ripe

The Fourth District Court of Appeal of Florida recently reversed a circuit court decision out of the Seventeenth Judicial Circuit for Broward County, holding that an insurer’s liability for coverage and the extent of damages, and not necessarily an insurer's liability for breach of contract, must be determined before a bad faith action becomes ripe.

 

Appellate Dissent Maps Potential Challenge to Bad Faith Punitive Damages

A potential roadmap for navigating around a bad faith punitive damages award may be lying in Justice H. Walter Croskey’s dissent in Nickerson v. Stonebridge Life Insurance Company


Broad Prior Knowledge Exclusions May Not Be Enforceable As Written

A recent Texas decision demonstrates that, while insurers are entitled to rely on exclusionary language designed to prevent indemnifying policyholders for known liability exposure at the time a policy is purchased, courts may elect not to enforce broadly drafted prior knowledge exclusions as written if such a result would interfere with the fundamental nature of the coverage provided. 

 


Articles »

Decomposing Body Brings Life to Exclusions for Seepage and Microorganisms

By Peter J. Mitchell

Third Circuit recently decided whether coverage exists under a commercial and general liability policy for the damage caused by a decomposing body.

 

"Right to Occupy" Surface Estate Bars Coverage for Property Damage

M. Kaylan Dunn, Courtney E. Ervin and J. Wiley George

Legal right to occupy property suffices for property damage and blended pollution exclusions to bar coverage for well blowout.

 

Insurance 101: Decoding the Secrets of the London Market

Anna Torres

Understanding the history and unique terminology of Lloyd’s of London.


 

 


Sound Advice »

audio Coverage for Firearms-Related Claims

By Rina Carmel

The coverage issues for firearm-related claims have long been well established. In this Sound Advice, litigator Rina Carmel reviews what constitutes an occurrence and examines the main issues. (11:12 min)

 

audio Defining “Personal” in Personal Injury Coverage

By David Gauntlett

This clip considers whether liability insurance policies’ personal and advertising injury protection covers wrongs committed against both natural persons and organizations. (10:20 min)

 

audio Sandy Claims and Suit Limitation Clauses

By Nick Insua

A suit limitation clause provides that a cause of action or  law suit must be brought within a certain time period – depending on jurisdiction. Nick Insua explains the ins and outs of these situations. (8:47 min)

 

audio Improving Your D&O Policy?

By Sheri Pastor

Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)


audio Liquor Liability Coverage

By Laura Hanson

Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)


audio Joint-Venture Exclusions

By Ron Kammer

Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)

 
Announcements

Papers Available from the 2014 Insurance Coverage CLE Meeting


Coverage: July/August 2014

The latest issue of Coverage is now available.


About Our Subcommittees

The ICLC has formed subcommittees to focus on diverse areas of substantive insurance coverage law and procedural aspects of insurance coverage litigation. All of our subcommittees are cochaired by lawyers who typically represent policyholders, paired with lawyers who typically represent insurance companies, an arrangement that provides balance, promotes collegiality, and assures lively dialogue.

 



 
Insurance Coverage Litigation Leadership

Cochairs Web Editors Newsletter Editor

Sherilyn Pastor

Newark, NJ


Laura Hanson

Minneapolis, MN


John G. Buchanan III

Washington, DC


Rina Carmel

Los Angeles, CA


James M. Davis

Chicago, IL


Jayson Sowers

Seattle, WA

Erik A. Christiansen

Salt Lake City, UT