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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.

 

Insurer Files Class Action Suits to Recover for Climate Change Losses

One insurer recently looked to litigation as a tool for recouping past losses it attributes to climate change

 

Alabama Holds Construction Defect Is an Occurrence

The Alabama Supreme Court, reversing its prior precedent, held that construction defects meet the definition of an “occurrence” within a commercial general liability (CGL) policy. The court also held that the “products-completed operations” exclusion does not apply when the policy declarations show that the insured has purchased products-completed operations coverage. Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 Ala. LEXIS 44 (Ala. March 28, 2014).


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