Last month, the First Circuit Court of Appeals helped balance the playing field for plan participants, holding that an ERISA insurer must advise a claimant of the policy’s limitations period before it will be enforced.
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.
The Texas Supreme Court rejected the argument that incorporation of defective flanges into diesel units should be considered “property damage.”
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.
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.
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.
John Bonnie highlights some of the conflict of law rules, summarizes state laws, and shares examples of some of the unintended consequences of the rules. (12:45 min)
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)
This clip considers whether liability insurance policies’ personal and advertising injury protection covers wrongs committed against both natural persons and organizations. (10:20 min)
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)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
The latest issue of Coverage is now available.
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
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