Binding Authority (Randy J. Maniloff)

Binding Authority: Insurance Coverage Decisions Issued Today - Impact Tomorrow For over four years Randy Maniloff published Binding Authority, an award-winning e-mail newsletter that provided summ

Boston ERISA and Insurance Litigation Blog (Stephen Rosenberg)

Reflections on the Second Circuit's Decision in Osberg v. Foot Locker Posted By Stephen D. Rosenberg In Class Actions , Equitable Relief , Pensions Permalink | I was being inter

Better Late Than Never — Time to Get Those Cybersecurity Certifications of Compliance into NYDFS

If you are an individual or company regulated by the New York State Department of Financial Services (NYDFS), you may have received an email from NYDFS reminding you to submit your Certification of Co

Bad Faith Without Dishonest Motive, Self-Interest, or Ill-Will? Pennsylvania Supreme Court to Decide

The Pennsylvania Supreme Court has agreed to review an appellate court decision in Rancosky v. Washington National Insurance Company, a case dealing with whether a showing of “dishonest motiveâ

Beware of Boilerplate Claims for “Other Relief Deemed Appropriate” — They Could Trigger a Duty to Defend

Boilerplate demands for “all other relief deemed appropriate” are routine. However, they should not be overlooked when analyzing whether a complaint triggers an insurer’s duty to de

Below Limit Settlement Obliterates Excess Coverage

In Martin Resource Management Corporation v. AXIS Insurance Company, an excess insurer was held by the United States Court of Appeals for the Fifth Circuit to have no obligation to indemnify its insur

Bad Faith in Louisiana: Insured’s Claim for Bad Faith Not Limited to Statutory Cause of Action

In a multi-layered decision, Century Surety Company v. Belvins, (United States Court of Appeals for the Fifth Circuit, August 18, 2015), the Fifth Circuit found that a policyholder could assert non-st

Blurred Lines Between Trademark and Trade Dress: Fifth Circuit Rules on “Web-Dress” Infringement

In Test Masters Educational Services, Inc. v. State Farm Lloyds, No. 14-20473, 2015 U.S. App. LEXIS 11148 (5th Cir. June 29, 2015), the Fifth Circuit affirmed a district court’s ruling that the

Bad Faith Decision Vacated as Insurer Not Responsible for Punitive Damages Where Insurance for Punitive Damages is Prohibited

In Jared Wolfe v. Allstate Property & Casualty Insurance Company, the insurer brought an appeal to the Third Circuit seeking to vacate a jury award against it for bad faith and breach of contract

Bad-Faith is a One-Way Street in Kentucky, Sixth Circuit Holds

In State Auto Property & Casualty Insurance Co. v. Hargis, 2015 U.S. App. LEXIS 7475 (6th Cir., May 6, 2015) the United States Court of Appeals for the Sixth Circuit, interpreting Kentucky law, re

Blast from the Past: First Circuit Reverses Dismissal of Coverage Dispute Concerning 50-Year Old Missing Policy

In Cardigan Mountain School v. New Hampshire Insurance Co., 2015 U.S. App. LEXIS 8725 (1st Cir. May 27, 2015), the U.S. Court of Appeals for the First Circuit reversed the dismissal of an action based

Breach of Reinsurance Contract and Bad Faith Claims Survive Dismissal, District Court Rules

In Old Republic National Title Insurance Co. v. First American Title Insurance Co., 2015 U.S. Dist. LEXIS 44693, the U.S. District Court for the Middle District of Florida refused to dismiss portions

Backroom Dealings Impair Coverage For High Stakes TCPA Class Settlement

In Central Mutual Insurance Co. v. Tracy’s Treasures, Inc., No. 1-12-3339, 2014 IL App (1st) 123339 (Sept. 30, 2014), the Illinois Appellate Court expressed great skepticism regarding an insure

Both Parties Agree – Delay NFIP Rate Hikes

In a time when bipartisanship appears to be fleeting, both parties have unveiled legislation designed to delay the National Flood Insurance Program(NFIP) rate hikes mandated under the Biggert-Water

Barriers Impede Recovery of Environmental Response Costs at Superfund Site

On April 26, 2013, Chubb Insurance Co. submitted a motion requesting an en banc rehearing of a ruling which was handed down by the Ninth Circuit in March 2013. The ruling held that an insurer was not

Bad News for Insurers: Groundless Claims Must Be Defended

Illinois Tool Works Inc. et al. v. Travelers Casualty & Surety Co. et al., Circuit Court of Cook County, Illinois In this insurance coverage action from the Circuit Court of Illinois, the plaint

Both Parties Flying High and Feeling Grounded at Supreme Court

 US Airways v. McCutchen It is somewhat rare for a trial and appellate court to disagree and, upon appeal to the United States Supreme Court, find out they were both wrong. It is even rarer for bot

Broad Arbitration Provision in Reinsurance Agreement Encompasses Reinsurance Dispute Despite Releases by Insurer and Expiration of the Agreement

Newmont U.S.A. Ltd. v. Ins. Co. of N. Am., 2010 U.S. App. LEXIS 17018 (10th Cir. [CO] Aug. 11, 2010) In a dispute over reinsurance obligations and the requirement to arbitrate their dispute, an in

Breaking News on Deepwater Horizon Coverage Issues: Excess Insurers Sue Over Oil Spill Liabilities

On May 21, 2010, several insurers that issued excess liability insurance policies to Transocean Ltd. filed a declaratory judgment action in the United States District Court for the Southern District o

Bitcoin, Blockchain and Insurance: New Tech, Old Rules

By Stephen D. Palley, Esq. of Anderson Kill P.C. Bitcoin is a kind of digital cash. Transactions are fast and free (if a trading platform isn’t used). They can take place globally in close t

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