ARTICLES LIBRARY OF c

Coverage for Defense Fees: What Are Reasonable and Necessary – Two Views

By Joe Monteleone, Esq. of Tressler LLP.   It is not often that we see case law addressing what are “reasonable and necessary” defense expenses, a concept addressed in the de

California Federal Court Holds Insurer Required to Cover Employee Reimbursement and Wage Hour Claims and More Under EPLI Policy

By Tad A. Devlin, Esq. of Kaufman Dolowich Voluck & Gonzo LLP When Travelers Cas. and Surety Co. of America sought to deny an insured coverage on wage and hour claims brought against it,

Courts Across the Nation Find Insurance Companies in Bad Faith

    By Robert D. Chesler, Esq. of ANDERSON KILL & OLICK, P.C.   A rising tide of first party bad faith decisions is providing policyholders with new weapons to combat the obstruc

California Insurance Agent Who Improperly Completed Insurance Application Liable to Insured

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP   Defendant construction company hired an

Claims Leakage – Plugging the Hole with Predictive Modeling Part 3 of 4

  Part 3 of 4   Written by Ronald T. Kuehn FCAS, MAAA, CPCU, ARM, FCA,  Kim Piersol FCAS, MAAA, Todd Dashoff ACAS, MAAA, ARM   In Part 3 of this article, we discuss another

Claims Leakage – Plugging the Hole with Predictive Modeling – Part 2

Part 2 of 4   By Ronald T. Kuehn FCAS, MAAA, CPCU, ARM, FCA, Kim Piersol FCAS, MAAA, & Alan Pakula ACAS, MAAA of Huggins Actuarial Services, Inc   In Part 2 of this article we di

Contract Liability Exclusion Precludes D&O Coverage for Tort Claims

By Kathryn A. Formeller, Esq. of Tressler LLP   The contract liability exclusion precluded coverage for negligent misrepresentation and fraud in the inducement claims arising out of a wri

California Supreme Court Upholds the "Uber-Policy" for Long-Tail Insurance Claims

By Michael L. Zigelman, Esq. &  Eric B. Stern, Esq. of Kaufman Dolowich Voluck & Gonzo LLP   In a decision filed today (August 9, 2012), the California Supreme Court reaff

California Supreme Court Reaffirms Qualified Work Product Protection of Witness Statements

By John R. Clifford, Esq., Edward P. Garson, Esq. & -Ian A. Stewart, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   The early investigation of a claim can be critical to an ea

Captives' Roles Set to Grow, Says Industry Expert

 By Jonathan Kent of The Royal GazetteOnline   Bermuda’s captive insurance companies are likely to see expansion as their parent corporations use them to deal with emerging risks,

Corporate Counsel – The Ethical Duty of Confidentiality and the Attorney-Client Privilege

By Thomas Paschos Esq. of Thomas Paschos & Associates, P.C., Introduction The ethical duty of confidentiality and attorney- client privilege are the foundations upon  which  lawyers p

Court Effects Contraction of Contract Claims and Expansion of Economic Loss Doctrine

By Dana B. Mehlman, Esq. of Hinshaw & Culbertson LLP   Professional Lines Alert   Plaintiff client entered into a design-build contra

Connecticut Supreme Court Rules Overdose of Prescription Medications Constituted an Intervening Event in Workers’ Comp Claim

By Douglas Connors Esq & James D. Kuthe Esq. ofWilson Elser Moskowitz Edelman & Dicker LLP   In a far-reaching decision that will benefit workers’ compensation carriers in Con

Conflicts of Interest Can Eat Your Lunch

  By Charles T. Wilson, CMC, CRM, RPLU   Recently, a client had an expensive and disappointing experience.  Their Human Resources service provider suddenly had a problem with a

Contingency Plans = Survival!

By Charles T. Wilson, CMC, CRM, RPLU   The last Tip, “The ‘Oops’ Factor of Risk Management,” introduced Contingency Planning as a business survival tool. I said these

Claims Against China-Based Reverse Merger Companies: A Tempest in a Teapot of Gunpowder or Green Tea

By Anjali C. Das, Esq.  Introduction   These days, nearly everything to do with China has grabbed the spotlight – not least of all the country’s extraordinary and seemingly

California Rules for Hirer of Independent Contractor in Contractor’s Employee’s Suit Based on Claime

   By Mark S. Askanas, Esq.   When an employer in California hires an independent contractor, what duty, if any, does the hirer owe to the contractor’s employee injured on the

Close Too Quick and You Lose Profit

  By Mark Hunter "The Sales Hunter"     It’s always rewarding to close a sale and immediately have the new client sign the documents to secure the sale.  No mat

Court Holds That Manifestation Trigger Is Date That Property Damage Became Discoverable

By Eric A. Hiller, Esq.   Four trigger-of-coverage theories are generally applied by courts in determining whether coverage exists under a CGL policy: (1) exposure; (2) manifestation; (3) continu

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