Home › Insurance Coverage Litigation

 

News & Developments »

Negligence Claims Arising from Policyholder's Intentional Acts Do Not Constitute an Occurrence

The case establishes that the location of an occurrence is where the injury took place, not where a decision eventually resulting in the occurrence took place.

 

Illinois Appellate Court Finds All Sums Allocation in Asbestos-Bodily Injury Claim

The court reaffirmed a landmark, 25-year-old Illinois Supreme Court decision in a new case that addressed issues of exhaustion, allocation, and trigger.

 

Proximate Cause Theory Applied to Determine Number of Occurrences

Mitsui Sumitomo Ins. Co. v. Duke Univ. Health System provides guidance on the position North Carolina courts likely will take when determining the number of occurrences under an insurance policy.

 

Articles »

Erosion of Attorney-Client Privilege and Work-Product Doctrine in Bad-Faith Litigation

By Stacey S. Farrell and Alicia G. Curran

In an underlying liability suit, an insurer must keep in mind its tripartite relationship with its insured and outside defense counsel, as well as the long-term effects of this relationship in potential subsequent bad-faith litigation.

 

Who Qualifies as “An Insured” under Wrap-Up Policies

By Ruth Kochenderfer and Christopher Dougherty

Because a wrap-up program provides insurance for many entities, it presents several unique issues, including defining who is an insured under such a policy.

 

Federal Denial of Petitions for Rehearing Subject to De Novo Review Wastes Judicial Resources

By David A. Gauntlett

Correcting clear error on rehearing best conserves federal judicial resources. However, a number of recent cases were denied rehearing, only for subsequent case law to evidence shortcomings in the panel's analysis.

 

Sound Advice »

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)

Liquor Liability Coverage

By Laura Hanson

Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)

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

Submit Program Proposals: 2014 Insurance Coverage Litigation Committee CLE Seminar

The submission deadline is June 3, 2013. The conference itself will take place March 5-9, 2014, at Loews Ventana Canyon in Tucson, AZ.

Papers Available from the 2013 Insurance Coverage CLE Meeting

Coverage: January/February 2013

The latest issue of Coverage is now available.

 

ABA’s 2013 Women in Insurance Networking CLE Workshop

October 15, 2013, Chicago

Save the Date: The second annual Women in Insurance (WIN) Networking CLE Workshop, sponsored by the Insurance Coverage Litigation Committee of the Section of Litigation of the American Bar Association, will take place on October 15, 2013, in Chicago. The inaugural workshop held last year in Washington, DC, was a great success, with more than 100 participants. This year, we hope to set a new attendance record and increase participation by in-house industry representatives. Contact the program cochairs about registration discounts for in-house personnel. Spread the word to your colleagues and clients.

Registration information will be available shortly on the ABA website.

Program Proposals Wanted: We are currently soliciting program proposals for the workshop. If you are interested in presenting a program, please complete the proposal form and submit it by email to program vice chair Cara Tseng Duffield.  Proposals must be submitted by Friday, May 17, 2013.

We look forward to seeing you in Chicago!

Ruth, Marla, Cara, and Julia 

Workshop Cochairs

Marla H. Kanemitsu
Dickstein Shapiro LLP
(202) 420-4859

Ruth S. Kochenderfer
Steptoe & Johnson LLP
(202) 429-8173

 

Workshop Vice Chairs
Cara Tseng Duffield
Wiley Rein LLP
(202) 719-7407 

Julia K. Holt
Jenner & Block
(213) 239-2226

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.