Mondaq USA: Insurance
Duane Morris LLP
The insureds were sued in a class action over alleged bodily injury and property damage caused by emissions from nuclear facilities.
Dickstein Shapiro LLP
Many companies face pollution risks, either through liability to other parties or due to property contamination.
Dickstein Shapiro LLP
Bankruptcy of the insured does not relieve an insurer of its obligations under its insurance policy, including to pay covered liability claims held by creditors of the bankruptcy estate.
Proskauer Rose LLP
This is a significant statement of policyholder rights in an area that regularly generates litigation.
Dentons (US)
In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or "force placed" insurance, that a regulator-approved rate is subject to the filed rate doctrine and is unassailable.
Schnader Harrison Segal & Lewis LLP
A standard provision in the commercial general liability policy and many other liability policies precludes voluntary payments—settlements—by the insured without the insurer's consent.
Stoll Keenon Ogden PLLC
Debra Walker sued Northwestern Mutual Life Insurance Company for its alleged failure to pay on a disability insurance policy she had purchased.
Jones Day
In a thoughtful opinion written by Justice Baer, the Court placed a limit on the insurer's reservation of rights that is combined with a refusal to settle claims.
Anderson Kill
Major civil disturbances in the United States should be of concern to the business community. The recent riots in Baltimore and elsewhere damaged hundreds of businesses.
Dentons (US)
A new trend in the provision and financing of health care is the forming of health carriers by health systems and provider groups.
Bradley Arant Boult Cummings LLP
Insureds should take note when presented with settlement opportunities.
Orrick
We are accustomed to seeing insurers invoke ADR provisions as grounds for the dismissal of policyholder-initiated coverage suits.
Fox Rothschild LLP
Yesterday the Pennsylvania Supreme Court issued a decision on an issue of first impression in Pennsylvania.
Reed Smith
On July 21, 2015, the Pennsylvania Supreme Court issued its much-anticipated decision in Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., No. 2 WAP 2014 (Pa. July 21, 2015).
Orrick
California is in the midst of one of the worst droughts on record. In January 2015, Governor Jerry Brown issued an executive order that requires cities and towns to reduce water use by 25%.
Reed Smith
On July 21, 2015, the Pennsylvania Supreme Court issued its much-anticipated decision in Babcock & Wilcox Company et. al. v. American Nuclear Insurers et. al, No. 2 WAP 2014.
Proskauer Rose LLP
A federal district court found in favor of the insurer, concluding that timely notice was a condition precedent to coverage and, thus, the insurer was not required to show that it was prejudiced by the insured's untimely notice.
Anderson Kill
Decisions made by a company in the days and weeks following an unforeseen event — think flood, fire or equipment breakdown — bear directly on the success of a claim for business interruption losses.
Dentons (US)
In a recent decision, the Eleventh Circuit sought and then applied the Georgia Supreme Court's answers to two certified questions about policyholder settlements made without the insurer's consent.
Orrick
As lawyers and non-lawyers know, to enter into a binding agreement, whether you're buying a car or signing up for phone service, one party must make an offer and the other must accept that offer.
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Reed Smith
Subrogation is the principle under which an insurer that has paid a loss under an insurance policy is entitled to all of the rights and remedies belonging to the insured.
Orrick
There are too many differences between cyber policies to cover in one blog post, and the market, still in its youth, is rapidly evolving.
Holland & Knight
Cyber liability insurance policies vary widely, with dramatic difference in coverage.
Moritt, Hock & Hamroff LLP
Under the coverage provisions in standard comprehensive general liability insurance policies, there is often coverage for what is known as "Advertising Injury."
Jones Day
In our last post we addressed cyber coverage for fines and penalties imposed by governmental authorities.
Kilpatrick Townsend & Stockton LLP
Cyber risk events – hacking and other forms of data privacy breach – unquestionably have hit the big time.
Orrick
Professional services companies need to be extra-careful when placing Directors and Officers liability ("D&O") coverage...
Herrick, Feinstein LLP
There are many reasons a private collector would want to loan a work of art to a museum.
Schnader Harrison Segal & Lewis LLP
In Capital City Real Estate, LLC v. Certain Underwriters at Lloyd's London, the Fourth Circuit held that Capital City Real Estate, LLC (Capital City) was entitled to coverage as an additional insured...
BakerHostetler
While the new law codifies payment for chronic care management under the Medicare physician fee schedule, effective immediately, it leaves many of the details largely to CMS’s discretion.
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