Unreasonable Expectations: New Jersey Appellate Court Rejects Commercial Insured’s Reliance Solely on Policy’s Declarations Page
Key Takeaways: New Jersey courts have been increasingly reluctant to extend the protections of the reasonable expectations doctrine to commercial insuredsIn addition to making the usual policyUM Insurer Loses the Form Battle But May Yet Win the Coverage War
In GEICO Indem. Co. v Perez, 2018 WL 4495557 (Fla. Dist. Ct. App. 2018), not only was Geico Indemnity Company and Geico General Insurance Company (collectively GEICO) forced to go to trial against theUse of Uninsured Vehicle To Transport Victim To Site of Assault Does Not Trigger UM Coverage
On August 14, 2018, in a case of apparent first impression in New Mexico, the New Mexico intermediate appellate court in Crespin v. Safeco Ins. Co. of Am., 2018 (N.M. Ct. App. 2018) upheld a lower couU.S. Court of Appeals Issues Major Ruling Against CFPB
The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision in PHH v. CFPB that fundamentally transforms the power of one of the newest and most powerful agencies in theUp in Smoke: An Insurer Could Not Mount a Successful Coverage Defense Due to Vague Allegations in an E-Cigarette Lawsuit
An Illinois federal district court determined in Diamond State Insurance Company v. Duke that an insurer had a duty to defend its insured in a case involving alleged disparagement. This decision reminUp in Smoke: An Insurer Could Not Mount a Successful Coverage Defense Due to Vague Allegations in an E-Cigarette Lawsuit
An Illinois federal district court determined in Diamond State Insurance Company v. Duke that an insurer had a duty to defend its insured in a case involving alleged disparagement. This decision reminU.S. District Judge Explores the SIFI Designation Process
For the first time since the passage of Dodd-Frank, a U.S. District Judge is exploring the process by which the Financial Stability Oversight Council (FSOC) designates non-bank financial institutionsUnder Virginia Law, Despite the Separation of Insureds Provision, Insurer has No Duty to Defend Suit Alleging Insured is Liable Under Respondeat Superior for Intentional Acts of Agent
On July 10, 2015, the Fourth Circuit Court of Appeals held that an insurer had no duty to defend the insured university in a suit alleging that the insured participated in a kidnapping plot. The courtUntimely Intervention Sinks Insurer Challenge To Allegedly Collusive $20MM Settlement
In CE Design Ltd. v. King Supply Co., LLC, No. 12-2930, 2015 U.S. App. LEXIS 11117 (7th Cir. June 29, 2015), the Seventh Circuit denied as untimely the attempted intervention of three insurers (all CNUpdate: “Where are You TRIA?†– Maybe Next Year
Last week we commented upon the debate surrounding the Terrorism Risk Insurance Act (TRIA). However, unlike the end of How the Grinch Stole Christmas where Cindy Lou Who ultimately found Christmas, TRU.S. GAO Study Analyzes Market Share Among Health Care Enrollees
The Patient Protection and Affordable Care Act (PPACA) requires the GAO to study competition and market concentration in the health insurance market. This study examined the individual, small group, aU.K. Court puts Insurer to Bed Over Blanket Notification
McManus Seddon Runhams v European Risk Insurance Company, [2013] EWHC 18 (Ch) A recent United Kingdom decision from the High Court of Justice held blanket notifications valid to claim coverage undU.S. Supreme Court Grants Petition to Clarify ERISA Technicality
Ray Haluch Gravel Co., et al., v. Cent. Pension Fund of the Int’l Union of Oper. Eng’rs & Participating Emp’rs, et al., case No. 12-992 Petition Granted June 17, 2013 AccordUnited States Department of Justice Files First Brief in Health Care Reform Battle
Department of Health and Human Services v. State of Florida (U.S. Supreme Court, No. 11-398) On January 6, 2012, the U.S.D.O.J. filed its first brief in the matter of Department of Health and HumU.S. Supreme Court To Review Health Care Reform Law
Dept. of Health and Human Services v. Florida; NFIB v. Sebelius; and Florida v. HHS, November 14, 2011 On Monday, November 14, 2011, the U.S. Supreme Court had decided to determine the constitutionalUNDER NEW JERSEY LAW, A PREVAILING INSURED MAY RECOVER LEGAL FEES, EVEN WHERE THE LITIGATION TAKES PLACE OUT OF STATE
MYRON CORPORATION V. ATLANTIC MUTUAL INSURANCE CO. (SUPPREME COURT OF NEW JERSEY, JULY 27, 2010) New Jersey Rule 4:42-9(a)(6) allows fee shifting in “an action upon a liabiliUS Supreme Ct Revives Dismissed Lawsuit Finding Cruise Ship Should Have Known That It Would Have Been Sued
Krupski v. Costa Crociere, S.p.A. (U.S. Supreme Court, June 7, 2010) Plaintiff Krupski made a mistake in failing to name Costa Crociere, even though it was aware of its eUnderstanding the Synergism Among Social Media
This is an interesting article by Daniel Gerber and Michael Shalhoub on how to take advantage of the various social media tools available to attorneys. For a free copy of the article click hereUnderstanding The Common Causes of Insurance Agents E&O Claims
By Angelo J. Gioia AgentsofAmerica.ORG Claims made against insurance agents can derive from many sources, these include quoting and proposing coverage, incomplete and inaccurate applications, writtMeet The Experts
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