ARTICLES LIBRARY OF a

‘Close Enough’ Disclosure During Claim Investigation Earns Homeowner Reversal of Coverage Denial Under Fire Policy

In Rose v. State Farm Fire & Cas. Co., 2014 U.S. App. LEXIS 17312 (6th Cir. Sept. 8, 2014), the Sixth Circuit Court of Appeals reversed and remanded a lower court ruling holding an insured was not

“Other Insurance” Language Irrelevant to Priority of Coverage Where Excess Policy’s Coverage Has Not Been Triggered

This declaratory judgment action arises out of a dispute between two excess insurance providers, and stems from a settlement in an underlying personal injury claim. The plaintiff, GEICO, which contrib

Another Victory for Insurers in Litigating the Scope of Coverage B: District Court Rejects Duty to Defend Against Alleged Violations of Data Privacy Laws

In National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar, Inc. (W.D. Wash., No. C13-1014-JCC, Aug. 7, 2014), the U.S. District Court for the Western District of Washington ruled that Nat

Allstate Owes Primary Coverage To AI Due To Silent “Other Insurance” Provision

In this insurance coverage dispute the plaintiff, Valley Forge Insurance Company (VFI,) sought a declaration that the defendant, Allstate, was an insurer for and was obligated to defend and indemnify

ACE Must Defend Additional Insured In Eight Underlying Natural Gas Explosion Cases

Lexington Insurance commenced action against ACE American regarding whether ACE had a duty to defend Midcontinent Express Pipeline, LLC and its affiliates (MEP) in eight underlying lawsuits arising ou

‘Super Sized’ Ruling: IL Federal Court Upholds Application of ‘Super’ Intellectual Property Exclusion Under Coverage B

In Hartford Casualty Insurance Company v. Dental USA, Inc., No. 13-C-7637, 2014 U.S. Dist. LEXIS 85529 (N.D. Il. June 24, 2014), the United States District Court for the Northern District of Illinois

“Other Insurance” Analysis Unnecessary If Policies Do Not Insure The Same Risk At The Same Level Of Coverage

This coverage dispute between the plaintiff,  Progressive, and the defendant, St. Paul, concerns their respective rights and obligations to their mutual insured Sonoma Valley Bancorp, in an underly

“Personal and Advertising Injury” Coverage Insures Property Damage, Not Just Physical Harm

An Illinois appellate court recently held that insurance coverage for wrongful eviction claims, typically part of “personal and advertising injury” provided by Coverage B in CGL policies,

ABA’s Blawg 100 – Nominations Due August 9th

The ABA Journal is putting together its annual list of the 100 best legal blogs, based on reader votes. As publishers of the Insurance and Reinsurance Report, we are proud to be considered for this pr

Air Pollution at Louisiana Big Cajun II Facility Prompts Duty to Defend

Louisiana Generating LLC v. Illinois Union Ins. Co. United States Court of Appeals for the Fifth Circuit, May 15, 2013 Louisiana Generating LLC (LAGen) sought defense coverage from Illinois Union In

Alabama’s Highest Court Settles Ambiguity and Declares Faulty Work is not an Occurrence

Shane Traylor Cabinetmaker, LLC and Michael Shane Traylor v. American Resources Insurance Company, Inc. (Ala.) The highest court in Alabama confirmed and clarified current law addressing whether

A Rose by Any Other Name: New Federal Reserve Rule Defines “Financial Activity”

What’s in a name? What one is designated as or called in the regulatory world is important. It can literally define which regulatory regime one falls under. In the case of nonbank “financ

“Restitution, Community Service, and Probation Not Enough – You Did the $3 Million Crime, You Will Do Time”

United States of America v. Rick A. Kulhman No. 11-15959 (11th Cir. 2013) Dr. Rick Kuhlman, a chiropractor who operated in Atlanta, GA, and Nashville, TN, pled guilty to running a five-year, $3 mi

“Would You Like to Register to Vote?” Should This Question Appear on ACA’s New Federal Health Insurance Application?

Yesterday, Charles W. Boustany, JR, MD, the Chairman of the House Committee on Ways and Means Subcommittee on Oversight wrote to the Honorable Kathleen Sebelius, Secretary of the Department of Heal

August Edition of Reinsurance Review is Now Available

For a free copy of this month's edition, click here. To receive this publication for free each month, please contact Jeff Kingsley at jkingsley@goldbergsegalla.com.

April Edition of Reinsurance Review is Now Available

For a free copy of this month's edition, click here. To receive this publication for free each month, please contact Jeff Kingsley at jkingsley@goldbergsegalla.com.

Antitrust Violations Do Not Amount to “Advertising Injury”

Rose Acre Farms, Inc. v. Columbia Cas. Co. (7th Cir. (Ind.) Nov. 1, 2011) The Seventh Circuit ruled last week that an insured was not entitled to defense or indemnity from its liability insurers in s

Allegations of Emotional Injury Require Defense Until Physical Injury Disproved, Even if No Physical Injury Alleged

Abouzaid v. Mansard Garden Associates, LLC (N.J. June 21, 2011) Under New Jersey law, a cause of action exists for negligent infliction of emotional distress based upon witnessing injury to a family

Arbitration Compelled Regarding GAP Coverage

Sawyers v. Herrin-Gear Chevrolet Co., Inc. (Miss., January 7, 2010)   The Mississippi Supreme Court held that it has jurisdiction to consider the merits of an interlocutory appeal re

“Aggregate” Limits of Multi-Year Commercial Excess Policies do not Apply on an Annual Basis

Union Carbide Corp. v. Affiliated FM Ins. Co. (NY App. December 15, 2009) A commercial policyholder sought a declaration that the stated aggregate limits of liability for multi-year excess policies a

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