Blog Topics

• Allocation of Loss
  • Allocation of Defense Costs for CERCLA Liability
  • Massachusetts Adopts The Time-On-The-Risk Method Of Loss Allocation
  • No Manifestation Trigger Please, We're British
  • Paul Bunyan's Axe - Minnesota Law Governs Allocation of Liability
  • Posner on Claims Made Coverage — “It Would Be Odd to Say that the Federal Appellate Judiciary 'Arose From' Columbus's Voyages”
• Arbitration, Forum Selection, and Service of Suit
  • AIG and Maurice Greenberg Agree to Arbitration
• Bad Faith
  • Border War
• Bad Faith Liability
  • Calumny and Coverage
  • Insurer's Coverage File is not Subject to Either the Work-Product Doctrine or the Attorney-Client Privilege
  • The Dodo Bird Lives – Insured Wins A Katrina Case
• CGL
  • A Claim for Negligent Hiring and Supervision is not a Covered Occurrence
  • Allocation of Defense Costs for CERCLA Liability
  • Assigning an Interpretive Mulligan to an Asbestosis Exclusion
  • CGL Policy Provides No Duty to Defend Against Qui Tam Suit
  • Equitable Estoppel and Reservation Of Rights
  • Excavating the Contractors' and Subcontractors' Exclusion
  • Excess Policy Does Not Follow the Form of an Endorsement in the Primary Policy
  • Favorable Ruling from Mississippi Supreme Court for Contractors who Use Subs
  • General Contractor Owed a Defense as an Additional Insured
  • Hawaii Five-O: Ninth Circuit Certifies to the Hawaii Supreme Court the Issue of the Scope of the Total Pollution Exclusion
  • Latent Ambiguity Inheres in the Phrase "Written Notice of a Claim"
  • Liability for Defective Nutritional Supplements Excluded by Contractual Liability Exclusion
  • Liability Insurer Owes No Defense to an Insured Under Personal and Advertising Injury Liability Coverage Where the Underlying Suit Alleges Intentional Conduct
  • Massachusetts Adopts The Time-On-The-Risk Method Of Loss Allocation
  • Moral Hazard and the "Your Work" Exclusion
  • New Math — 469,000 Defective Product Claims Constitutes One Occurrence Under a CGL Policy
  • Pesticides Aren’t Always “Pollutants”
  • Prior Publication Exclusion
  • Rummy’s Rules - The Duty To Defend And Abu Ghraib
  • Taxonomy - Tort Or Contract
  • The Seventh Circuit is Once Bitten, Not Shy
  • The Sweet Smell of Success — CGL Policy Affords Contractor a Defense
  • Third Circuit Holds that Drunkenness Does Not Render an Intentional Act Accident
  • Waiver and the Forum Selection Clause
  • “Here Comes That Sinking Feeling” - CGL Insurer Must Defend its Insured Against a Claim for Defective Foundational Repairs
• D&O Insurance
  • First Circuit Rejects Bid to Transmogrify D&O Liability Insurance Coverage
  • Montesquieu and The Regulatory Exclusion
  • Third Circuit Holds that the Reasonable Expectations Doctrine Does Not Trump an Interrelated Wrongful Acts Provision in a D&O Policy
• Duty to Defend
  • Assigning an Interpretive Mulligan to an Asbestosis Exclusion
  • CGL Policy Provides No Duty to Defend Against Qui Tam Suit
  • Equitable Estoppel and Reservation Of Rights
  • Excavating the Contractors' and Subcontractors' Exclusion
  • General Contractor Owed a Defense as an Additional Insured
  • Hawaii Five-O: Ninth Circuit Certifies to the Hawaii Supreme Court the Issue of the Scope of the Total Pollution Exclusion
  • Insured has no Right to Independent Counsel
  • Latent Ambiguity Inheres in the Phrase "Written Notice of a Claim"
  • Liability for Defective Nutritional Supplements Excluded by Contractual Liability Exclusion
  • Liability Insurer Owes No Defense to an Insured Under Personal and Advertising Injury Liability Coverage Where the Underlying Suit Alleges Intentional Conduct
  • New Math — 469,000 Defective Product Claims Constitutes One Occurrence Under a CGL Policy
  • Pesticides Aren’t Always “Pollutants”
  • Pragmatism and Semantics: “One Morning I Shot an Elephant in my Pajamas. How He Got into my Pajamas I Will Never Know.”
  • Prior Publication Exclusion
  • Taxonomy - Tort Or Contract
  • The Seventh Circuit is Once Bitten, Not Shy
  • The Sweet Smell of Success — CGL Policy Affords Contractor a Defense
  • Third Circuit Holds that Drunkenness Does Not Render an Intentional Act Accident
  • Veterinarian Owed Duty To Defend Under A Professional Liability Policy
  • Will the Real Slim Shady Please Stand Up?
  • “Here Comes That Sinking Feeling” - CGL Insurer Must Defend its Insured Against a Claim for Defective Foundational Repairs
• E&O Insurance
  • Claims Made Coverage Requires that a Claim Both be Paid and Reported Within the Policy's Coverage Period
  • Insurer's Coverage File is not Subject to Either the Work-Product Doctrine or the Attorney-Client Privilege
  • Posner on Claims Made Coverage — “It Would Be Odd to Say that the Federal Appellate Judiciary 'Arose From' Columbus's Voyages”
  • Speak of the Devil
  • True Blood: Southern District of New York Rules Statute of Limitations Bars Milberg's Professional Liability Insurers' Action for Rescission
  • Veterinarian Owed Duty To Defend Under A Professional Liability Policy
• EPLI
  • Insured has no Right to Independent Counsel
  • Pragmatism and Semantics: “One Morning I Shot an Elephant in my Pajamas. How He Got into my Pajamas I Will Never Know.”
• ERISA
  • Conflicting Opinions on Conflict Discovery
  • Eleventh Circuit Adopts Davila, the Supreme Court's ERISA Preemption Test
  • ERISA, Glenn, and Legal Realism
  • Jesuitical - ERISA, Complete Preemption, Federal Question Jurisdiction, and Removal
  • May Day: The Eighth Circuit Relaxes Constitutional Standing and the Twombly-Iqbal Pleading Standard in ERISA Cases
  • Seventh Circuit Court of Appeals Still “Pondering” Conflict Analysis
  • Sophistry and Glenn
• Excess Insurance
  • Second Circuit Holds that an Excess Insurer is not Bound by a Primary Insurer's Settlement Agreement
• General Posts
  • Black Swan?
  • Class Certification Appropriate under the Hawaii Deceptive Practices Act
  • Epistemology and the Known Loss Doctrine
  • Paul Bunyan's Axe - Minnesota Law Governs Allocation of Liability
  • Reinsurance Rates Down First of 2010
  • Welcome
• Insurance Industry
  • Animal Spirits - Bullish on AIG
  • Black Swan?
  • Insured File Class Action Complaint Against AIG Over Madoff Losses
  • More on AIG
  • ONI On Its Way?
  • Stand By Me - AIG Dodges a $1 Billion Bullet
  • Terrorism Risk Insurance
  • The Road From Serfdom
  • Whither A.I.G.
• Insurance Regulation
  • "Truckin' Got My Chips Cashed in" — Tenth Circuit Joins the Majority in Recognizing the MCS-90 Endorsement as a Surety Obligation
  • In the Inimitable Words of Monty Python - “And Now for Something Completely Different”
  • Self-insured companies now must report to Medicare before settling a liability claim brought by a Medicare recipient
• Named Insured/Additional Insured
  • General Contractor Owed a Defense as an Additional Insured
  • Will the Real Slim Shady Please Stand Up?
• Notice of Loss
  • A Pragmatic Approach To Notice Of Loss
  • Court Interpolates A Reasonableness Requirement Into A Notice Of Loss Provision
  • Two L&G Attorneys Author Article in New Appleman on Insurance - Current Critical Issues in Insurance Law
• Policy Interpretation
  • Court Interpolates A Reasonableness Requirement Into A Notice Of Loss Provision
  • Eat a Peach – Open Peril Insurance Policy Affords Coverage for Rain Damage
  • Pesticides Aren’t Always “Pollutants”
  • The Seventh Circuit is Once Bitten, Not Shy
• Pollution Exclusion
  • Paint Fumes Are Not Subject to “Pollution Exclusion” According to U.S. District Court
• Property Insurance
  • A Pragmatic Approach To Notice Of Loss
  • A Synonym Does not Suffice
  • Eat a Peach – Open Peril Insurance Policy Affords Coverage for Rain Damage
  • Fifth Circuit Rejects an Attempt to Evade a Settlement Agreement Under the Mississippi Hurricane Katrina Mediation Program
  • Four Years of Katrina Coverage Litigation
  • The Dodo Bird Lives – Insured Wins A Katrina Case
  • Wash Out — Flood Exclusion Excludes Storm Surge Claim
  • “Anti-concurrent cause” provision gets watered down by the Mississippi Supreme Court in yet another Hurricane Katrina case
• Reinsurance
  • No Manifestation Trigger Please, We're British
• Reservation of Rights
  • Equitable Estoppel and Reservation Of Rights
• Self Insured Retention
  • Latent Ambiguity Inheres in the Phrase "Written Notice of a Claim"
  • Massachusetts Adopts The Time-On-The-Risk Method Of Loss Allocation
  • New Math — 469,000 Defective Product Claims Constitutes One Occurrence Under a CGL Policy
• Terrorism Risk Assurance
  • Rummy’s Rules - The Duty To Defend And Abu Ghraib
  • Terrorism Risk Insurance
• Title Insurance
  • Fifth Circuit Addresses the Measure of Liability Under a Title Insurance Policy
  • “Barmecide Feast” -- Third Circuit Rebuffs Title Insurer's Attempt to Limit Title Insurance Coverage