Coverage & Claims

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The High Court recently handed down a judgment in which a claims control clause in a reinsurance contract was held not to be breached by the conduct of the reinsured in agreeing to pay the insured their retention and the share of one reinsurer who had been involved in settling that part of the claim. …
Read More UK: Actions of Insurers in Respect of the Retention and One Reinsurer’s Share did not Breach Claims Control Clause

The Supreme Judicial Court of Massachusetts recently held that where title insurers pursue litigation to cure defects to a title, they do not have a broad duty to defend any uncovered counterclaims against the insured. See GMAC Mortgage, LLC v. First American Title Ins. Co., No. SJC-11161 (Apr. 4, 2013). …
Read More Massachusetts High Court Holds That Title Insurers Do Not Have Broad Duty To Defend Counterclaims

In Koransky, Bouwer & Poracky, P.C. v. The Bar Plan Mutual Ins. Co., No. 12-1579 (7th Cir. Apr. 2, 2013), the Seventh Circuit affirmed summary judgment against an Indiana law firm and in favor of its malpractice insurer, as the firm’s notice of claim to the insurer was untimely. …
Read More The Seventh Circuit Bars Malpractice Coverage for an Insured Law Firm Despite the Firm’s Subjective Belief That it Represented its Client Correctly

This case concerned which one of two insurers was liable for the losses caused by damage to economiser blocks which were to be incorporated in two boilers on a new energy-from-waste facility near Slough. The blocks were manufactured in Romania and transported by road or by road and sea. On installation at the facility, testing revealed cracking in the rows of tubing contained in the blocks. …
Read More UK: Causation and Inherent Vice: Court of Appeal Dismisses Appeal in Ace European Group Ltd v Chartis Insurance UK Ltd [2013] EWCA Civ 224

For insurers doing business in Florida, a recent appellate court decision reaffirms the importance of a timely offer of settlement even in extremely challenging conditions to protect against bad-faith liability. …
Read More Florida Appellate Court Decision Increases Pressure On Insurers To Settle Claims In Order To Avoid Potential Bad Faith

Washington State just became even more hostile to insurers. Recently, the state’s highest court issued two decisions that will make claims-handling yet more difficult in the Evergreen State and that are in opposition to the majority view in U.S. jurisdictions. …
Read More Washington Supreme Court Issues Two Anti-Insurer Decisions