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Practice Points »

Excess Insurer Not Required to Drop Down Following Insolvency of Primary Insurer

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.

 

Almost No Coverage for Replacing Defective Component That Has Not Failed

The Texas Supreme Court rejected the argument that incorporation of defective flanges into diesel units should be considered “property damage.”

 

An Open Letter About California’s Absolute Mediation Confidentiality Statute

The California Legislature has asked that state’s Law Revision Commission to consider whether California’s Absolute Mediation Confidentiality statute should be amended to make mediation evidence admissible in cases of legal malpractice. We present a letter that ADR Subcommittee Cochair Jeff Kichaven, one of the leading advocates of this change, submitted.


Articles »

Is There Coverage for Defective Work? A Short Question with a Long Answer

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.

 

The Windsor Food Reality: You Don’t Always Get What You Think You Paid For

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.

 

Making an Insured Whole Entails More Than a Patch Job

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.



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 2015 Insurance Coverage CLE Meeting

 

Program proposals are due July 24, 2015 for our 2016 CLE meeting


Coverage: Summer/Fall

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 Website Editor in Chief  

Angela Elbert

Chicago, IL


Laura Hanson

Minneapolis, MN


CLE Meeting Cochairs

Terrence Evans

San Francisco, CA


Tonya Newman

Chicago, IL

Jamie Carsey

Houston, TX


Coverage Editor in Chief

Jason Mazer

Miami, FL


Social Media Editor in Chief

Katherine Mast

Los Angeles, CA