President Trump Takes Aim at Affordable Care Act; New York Governor Responds
Within hours of taking the Presidential oath of office, President Donald J. Trump issued his first executive order and it was directed at the Patient Protection and Affordable Care Act (ACA). The execPresident Trump Takes Aim at Affordable Care Act; New York Governor Responds
Within hours of taking the Presidential oath of office, President Donald J. Trump issued his first executive order and it was directed at the Patient Protection and Affordable Care Act (ACA). The execProof’s in the Pudding: Sexual Misconduct Exclusions Do Not Preclude Coverage for Defamation Claims, Massachusetts Federal District Court Says
A federal district court in Massachusetts determined that Bill Cosby’s insurer has a duty to defend the former entertainment icon in three defamation suits despite potentially applicable policyPresumed Innocent: But Rescission Still Available to Void Coverage Due to Misrepresentations
A court rescinded a Georgia attorney’s professional liability coverage after his partner stole more than a million dollars from clients and lied about it on their firm’s insurancePrinciple Based Reserving Coming January 1, 2017
In recent years, life insurance companies have expressed concern that the current approach to product reserves does not take into account the increasingly complex, non-static, nature of current life iPolluting the Plain Meaning of Policy Exclusions
The scope of the pollution exclusion in liability policies continues to be a highly-contested insurance coverage issue. One of the more recent debates in this area is whether the pollution exclusionâPolluting the Plain Meaning of Policy Exclusions
The scope of the pollution exclusion in liability policies continues to be a highly-contested insurance coverage issue. One of the more recent debates in this area is whether the pollution exclusionâPennsylvania Federal Court Sets Standards for Burden of Proof in Rescission Matter
The ongoing coverage litigation between H.J. Heinz Company and Starr Surplus Lines Insurance Company in the U.S. District Court for the Western District of Pennsylvania has yielded another important dPennsylvania Federal Judge Orders an Insurer to Produce Information from Underwriting Files Involving Other Policyholders in a Recession Dispute
Discovery disputes in insurance coverage litigation frequently concern whether an insurer must produce information about policies issued to other policyholders or other claims against the insurer invoPennsylvania Supreme Court Holds that an Insurer’s Consent to Settle is Not Required if Insurer Is Defending Under Reservation of Rights
The Pennsylvania appellate courts have kept insurance coverage lawyers on their toes this summer. Weeks after the Pennsylvania Superior Court’s decision in Selective Way Insurance Co. v. HospitPresumption of No Bad Faith Upheld Where District Court Interpreted Exclusion Like the Insurer
In Global Management Enterprise, L.L.C. v. Commerce & Industry Insurance Co., the insurer provided workers’ compensation coverage to the plaintiff-employer. 2015 U.S. App. LEXIS 9179, *3 (5Policyholder Required to Pay Back Insurer $900,000 Based on Misrepresentations
A Texas appellate court upheld a substantial jury award against a policyholder on fraud claims in Jackson Fulgham v. Allied Property and Casualty Ins. Co.. The insurer counter-sued the policyholPolicyholder’s Breach of Insurer Consent To Settle Clause Precludes Bad Faith Claim
In Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co., 2015 WL 1773620 (Ga. Apr. 20, 2015), XL had provided Piedmont an excess policy with limits of $10 million excess of $10 million. ThPolicyholders Join Regulators in Casting Light on Shadow Insurance
The issue of “shadow insurance†has been the subject of increasing regulatory and governmental scrutiny. Policyholders are now joining the effort via five class action lawsuits against thrPA Supreme Court Clarifies Trigger of Coverage for Injury to Livestock
The Supreme Court of Pennsylvania recently interpreted the trigger of coverage applicable to property damage, including the first manifestation and multiple trigger approaches. The Supreme Court hPA High Court Gives Green Light to Assignment of Bad Faith Claims
In Allstate Prop. & Casualty Insurance Co. v. Wolfe, No. 39 MAP 2014, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court, in deciding a certified question from the Third CircuPennsylvania District Court Finds No Coverage for Faulty Workmanship
In State Farm Fire & Casualty Co. v. McDermott (E.D. Pa. Oct. 14, 2014), a Pennsylvania federal district court recognized the well-established rule in Pennsylvania that faulty workmanship resultinPhase I/II Environmental Assessment Report Issued To Property Owner Held To Constitute A Claim For Environmental Losses Under A Claims-Made Policy
This environmental action involves a determination of coverage under a claims-made policy stemming from the investigation and clean-up of a site in Waterbury Connecticut. Specifically, Adelphia enPrimary Insurer Cannot Use Equitable Indemnification To Rewrite Unambiguous Terms Of Its Policy
The plaintiff, Arch Insurance Company (Arch), brought a declaratory judgment action against Illinois Union Insurance Company and Harleysville Worcester Insurance Company the defendants, seeking indemnMeet The Experts
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