Coverage & Claims

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In Lexington Insurance Co. v. Integrity Land Title Co., the Eighth Circuit Court of Appeals enforced two exclusions, rejecting arguments in favor of coverage as unreasonable and too narrow. Notably, the court rejected these arguments to the detriment of an intervenor claiming benefits under a policy issued to another party, even though the basis of enforcing these exclusions was the policyholder’s knowledge and failure, not the intervenor’s. …
Read More The Eighth Circuit Rejects Pro-Coverage Arguments as Unreasonable and Too Narrow and Applies the Prior-Knowledge and Lien-Waiver Exclusions

Edwards Wildman Speaker: Robert W. DiUbaldo

12:00 PM – 1:15 PM (Central Time)

Please join us on August 28 from noon to 1:15 pm (Central) for this free webinar. Attorneys from Edwards Wildman Palmer LLP and Surdyk & Baker, engineers from St. John-Mittelhauser & Associates and underwriting and claims professionals from the Catlin Group will discuss the recently enacted Illinois Hydraulic Fracking Regulatory Act and its potential consequences, and will answer your questions. …
Read More COMPLIMENTARY WEBINAR – FRACKING the NEW ALBANY SHALE: Legal and Technical Issues Arising from the Passage of the Illinois Hydraulic Fracturing Regulatory Act (HFRA)

A Pennsylvania intermediate appellate court recently prescribed new rules relative to the defense of insureds under a reservation of rights. In Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., 2013 PA Super. 174, 2013 PA Super. LEXIS 1630, the Superior Court of Pennsylvania held that when an insurer tenders a defense subject to a reservation, an insured now has the option of rejecting the insurer’s tender, funding its own defense, and settling the case without the insurer’s consent. …
Read More Pennsylvania Appellate Court Establishes New Approach to an Insurer’s Offer of a Defense Under a Reservation of Rights

Recently, the Massachusetts Supreme Judicial Court considered the standard for determining when a title insurer’s duty to defend is triggered. Finding that the scope of the title insurer’s duty to defend is narrow, the court concluded that a title insurer owes a duty to defend only where the title insurance policy at issue specifically envisions the type of loss alleged. …
Read More Massachusetts High Court Narrows Scope of Title Insurer’s Duty to Defend

On July 18th, federal U.S. District Court Judge Alvin Hellerstein ruled against Silverstein Properties Inc. (“Silverstein”) in its quest to recover damages from American Airlines and United Airlines as a result of the terrorist attacks of September 11th, 2001. …
Read More District Court Rules Silverstein Unable to Collect From Airlines for 9/11 Attacks

In March 2005, the federal district court in Puerto Rico entered a $6 million judgment for a personal injury plaintiff. In late September 2005, the relevant insurer paid into court its remaining policy limit of $75,000. …
Read More First Circuit Rules That Auto Carrier Must Pay Post-Judgment Interest, Despite Claimants’ Multiple-Year Failure To Demand It

In United Marine Aggregates v GM Welding & Engineering Ltd and Novae Syndicates, the Court of Appeal overturned a costs award of a first instance judge which had unfairly penalised the Part 20 Defendant insurer in costs, despite it ultimately not being liable.
Read More UK: Court of Appeal: Approach to costs where Part 20 Defendant insurer found not liable

In Halvorson v. Auto-Owners Insurance Co., the Eighth Circuit Court of Appeals reversed certification of a class accusing Auto-Owners Insurance Co. (“AIC”) of breaching its insurance policies and violating its duty of good faith and fair dealing by automatically refusing to pay medical expenses in excess of certain predetermined thresholds.
Read More The Eighth Circuit Reverses Certification of a Class Challenging an Insurer’s Use of Percentiles to Determine Whether a Doctor’s Bill Was “Usual and Customary”

There has been a sharp uptick in the frequency of merger objection lawsuits in the past several years. These suits are now brought after virtually every major deal is announced.
Read More REMINDER – Complimentary Webinar – Fundamentals Of, and Insurance Coverage For, Merger Objection Suits: The Basics – July 17, 2013