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News & Developments »

Deepwater Horizon: Scope of Additional Insured Coverage Depends on Contract with Named Insured

The Texas Supreme Court recently issued a ruling relating to how the scope of additional insured coverage under an insurance policy may be driven by the additional insured’s separate contract with a named insured.


Pennsylvania Holds that Policyholders Can Assign Insurance Bad Faith Claims to Third Parties

The Pennsylvania Supreme Court has decided that policyholders can assign their statutory bad faith claims to third parties.

 

Split of Authority in Texas on Extracontractual Damages

A Texas court of appeals rejected any requirement of independent damages and affirmed a judgment based on Chapter 541. Because other courts of appeals have held independent damages necessary, and the federal courts agree, there is now a split of authority.


Policyholders Should be Aware of the Effect of "Presumptive Intent"

In Ohio, an employer’s intentional tort liability is limited to the rare situation where it acts with “deliberate intent” to injure the employee.

 

Manifestation Trigger for Property Damage to Dairy Cows

The Pennsylvania Supreme Court recently applied a manifestation trigger to damage sustained by a herd of dairy cows over a three-year period. Whether this 3-2 decision will be extended to overturn longstanding precedent in coverage cases involving asbestos and other similar long-tail liabilities, or whether it will be confined to its own idiosyncratic facts, remains to be seen.


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: November/December 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