The Fifth Circuit Court of Appeals, applying Texas law, recently affirmed summary judgment for an insurer in a case where the insured provided no explanation for its 19-month delay in reporting a hail damage claim, and the insurer disclaimed coverage for an inability to determine what damage occurred during its policy period .
Last month, the First Circuit Court of Appeals helped balance the playing field for plan participants, holding that an ERISA insurer must advise a claimant of the policy’s limitations period before it will be enforced.
The Montello case is an example of how courts will not rewrite excess liability insurance policies to provide coverage that the parties to the contract did not intend would be provided and for which a premium was not paid.
By David B. Applefeld
A trigger of coverage under the contractor’s commercial general liability policy not only affords the contractor a defense at the cost of its insurer, but also can provide an available source of funds to resolve the owner’s claim and/or pay an adverse judgment.
By Robert D. Chesler and Janine M. Stanisz
Many companies that purchase contamination products insurance policies believe that all of their product recall woes are covered. They could not be more wrong.
By Grace V. Hebbel and David G. Jordan
Discover how "replacement cost" coverage is often complicated by whether a repair can truly match damaged material that is in need of replacement.
Brad Murlick reviews some best practices in the complicated world of valuation issues in a product recall case. (7:20 min)
John Bonnie highlights some of the conflict of law rules, summarizes state laws, and shares examples of some of the unintended consequences of the rules. (12:45 min)
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)
This clip considers whether liability insurance policies’ personal and advertising injury protection covers wrongs committed against both natural persons and organizations. (10:20 min)
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)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
Women in Insurance Conference 2016
Thanks to all those who participated in a successful 2016 Women in Insurance (WIN) Conference, sponsored by the Insurance Coverage Litigation Committee of the ABA Section of Litigation, especially meeting cochairs Cara Tseng Duffield and Jan Larson, and vice cochairs Suzan Charlton and Kathryn Kasper. After a two-year hiatus, the WIN conference was back! The conference took place on October 20, 2016, in Washington, DC. WIN’s goal was to combine a first-class substantive program with a terrific networking opportunity, as well as written materials. As with past conferences, the 2016 conference drew more than 100 attendees, including in-house risk management and claims professionals.Conference brochures and biographies of speakers are available on the ABA website.
The latest issue of Coverage is now available.
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||Website Editor in Chief|
John Mumford Jr.
CLE Meeting Cochairs
Jodi Spencer Johnson
Coverage Editor in Chief
Social Media Co-Editors in Chief
Los Angeles, CA