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On the 1st Day of Christmas, My True Love Gave To Me ... COVID Over the last few work days, we've gotten a number of calls from members reporting that at least one staff member has contracted CApplication Sinks Insured’s Claims Against Agent Over Hole-In-One Coverage
Key Takeaways: Extends the “duty to read†principle typically applied to insurance policies to applications submitted by insureds for such policiesReasonable expectations doctrine oApplication Sinks Insured’s Claims Against Agent Over Hole-In-One Coverage
Key Takeaways: Extends the “duty to read†principle typically applied to insurance policies to applications submitted by insureds for such policiesReasonable expectations doctrineAbsent Policyholder Demand To Settle, Seventh Circuit Affirms Dismissal of Bad Faith Action Against Insurer After Unexpected Excess Judgment
The Seventh Circuit, applying Illinois law, recently tackled the highly-charged issue of a bad faith claim against an insurer for failing to settle for the policy limit. In Surgery Center at 900 NortALI’s Restatement of Liability Insurance Advocates a “Split-the-Baby†Approach to Allocation of Long-Tail Claims
“All sums†or “pro rata†– which one is the majority view for allocation of long-trail claims? Well, after eight years of iterative revision, the proposed final dr“Made Whole†Doctrine Prevents Equitable Subrogation Where Insureds with Tortfeasors
In re September 11 Litigation, World Trade Center Properties LLC et al. v. Certain Underwriters at Lloyd’s, London et al. (S.D.N.Y., August 2, 2018) Judge Alvin K. Hellerstein of theA Primer On Appraisal in Florida First-Party Property Damage Claims
In the wake of Hurricane Irma and other recent natural disasters, Florida courts have weighed in on one of the most important tools for resolution of first-party property damage claims: appraisal. InA Subpoena May Be a Claim if the Insured says It Is
Whether or not there is coverage under a D&O Policy to pay for expenses incurred responding to a governmental subpoena is a recurring question that nets an inconsistent answer from courts around tA Window Opens? Are Defective Product Construction Defect Claims Covered Under Pennsylvania Law?
A recent decision from a Pennsylvania court highlights tension in Pennsylvania law regarding whether a construction defect claim involving consequential damages caused by a defective product involvesA Divided Court Finds Additional Insured Coverage is Enforceable Across New York
On March 27, 2018, the New York Court of Appeals, in a matter of first impression for the state’s highest court, held that a direct contract was required to confer automatic additional insuredACI Brexit Panel Preview: Four Key Issues for International Insurers
On March 8, 2018, at the 14th ACI National Forum on Insurance Regulation in New York City, I’ll be participating in a panel discussion on Brexit and its implications for the global insurance co“Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,†AIRROC Matters
In an article for AIRROC Matters,  Frederick J. Pomerantz examines the uncertain status of the “Covered Agreement,” a novel multilateral insurance agreement between the United StaA Bad Faith Cautionary Tale: Ninth Circuit Affirms $8.7 Million Award for Bad Faith Coverage Denial
In Millennium Laboratories, Inc. v. Darwin Select Insurance Co., No. 15-55227, 2017 U.S. App. LEXIS 1533 (9th Cir. Jan. 27, 2017), the Ninth Circuit held that Darwin Select Insurance Company breachedA Contract by Any Other Name Would … Still Be a Contract: Wisconsin Court of Appeals Enforces Breach of Contract Exclusions to Preclude Coverage for Business Competition Claim
In Great Lakes Beverages, LLC v. Wochinski (Jan. 18, 2017), the Wisconsin Court of Appeals held that AMCO had no duty to defend or indemnify its insured against the underlying third-party tortious intAnticipated Decision in Heinz Rescission Litigation Upholds Ruling Voiding $25 Million Insurance Policy Due to Misrepresentations in the Application
In a much anticipated decision, the Third Circuit Court of Appeals upheld the rescission of H.J. Heinz Company’s $25 million production contamination insurance policy because Heinz made materiaAnd Then There Were Two — GE Capital No Longer a Nonbank SIFI
GE Capital is no longer a nonbank SIFI. The Financial Stability Oversight Council (FSOC) formally announced on June 29, 2016 that it voted unanimously on June 28, 2016 to rescind the designation. In cA Short-Lived Victory For MetLife Over SIFI Designation?
Frederick J. Pomerantz and Aaron J. Aisen, attorneys in Goldberg Segalla’s Global Insurance Services Practice Group, analyzed the recent decision that granted MetLife’s motion to remoA Supreme Lesson on Diligence and Equity: Court Bars Recovery of Equitable Lien Under ERISA Plan
The Supreme Court issued its decision in Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan , holding that the fiduciary could not enforce its equitable lien against geneAlcohol, Caffeine and Stimulants: Unambiguous Liquor Liability Exclusion Bars Coverage for Bodily Injury Claims
Refusing to succumb to pressure by an insured to find an ambiguity in an exclusion to a commercial general liability (CGL) policy where none existed, the Illinois Appellate Court, First District in PhMeet The Experts
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