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News & Developments »

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. 

 

Tenth Circuit Invokes Public Policy to Interpret Unambiguous Insurance Policy Language

The U.S. Court of Appeals for the Tenth Circuit, in recently deciding Glacier Construction Co. v. Travelers Property & Casualty Co. of America, relied on its own conception of public policy to reach what it perceived to be a desirable result in a case involving otherwise unambiguous policy language.

 

 


Articles »

Insurance 101: Seventh Circuit Limits Insurer Standing to Challenge Settlements

By Marla H. Kanemitsu

The Seventh Circuit Court of appeals directed that an excess insurer’s concerns about a policyholder settling “on the cheap” with a lower-layer insurer—thereby potentially increasing the excess insurer’s coverage obligations—was an issue the excess insurer should address through its policy language, not through the bankruptcy courts.

 

Greater Effects of Hurricanes in Business Interruption Claims

By Erica J. Dominitz and Gregory M. Jacobs

Parties have disputed, and courts have addressed, whether the valuation of a business interruption claim should consider the effects that a hurricane or other catastrophic event had on the surrounding region, positive or negative, including its effect on the policyholder’s competitors and on the local economy

 

Insurance 101: Insurer's Use of Extrinsic Evidence for Duty to Defend in Florida

By Andy Dogali and Jacqueline H. Palik

Liability insurance may entitle an insured to a defense and to indemnification for a third-party claim made against it. In Florida, an insurer's duty to defend its insured against such a claim is separate and apart from the duty to indemnify the insured.


Sound Advice »

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: May/June 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