The Louisiana Supreme Court has endorsed pro rata allocation of defense costs associated with hearing loss cases across triggered policy periods. The decision reversed a 2015 appellate ruling that pro rata allocation applied to the costs associated with the duty to indemnify but not the duty to defend, making a
Read More Louisiana Extends Pro Rata Allocation to Defense Costs
Coverage & Claims
Wyoming Requires Insurer Prejudice for Late Notice
By Molly McGinnis Stine on
Posted in Coverage & Claims
The Wyoming Supreme Court ruled on August 17, 2016 that an insurer “must be prejudiced before being entitled to deny coverage when the insured has failed to give notice ‘as soon as practicable.’” In addressing a certified question from the 8th Circuit Court of Appeals, the Wyoming opinion said it…
Read More Wyoming Requires Insurer Prejudice for Late NoticeSeventh Circuit: Insurer Has Duty To Defend West Virginia’s Suit Against Drug Distributor Seeking To Recover Amounts Expended By The State Caring For Drug-Addicted Citizens
By Troutman Pepper Locke on
Posted in Coverage & Claims, Illinois Developments
Based on the policy language before it, the U.S. Court of Appeals for the Seventh Circuit recently found that an insurer has a duty to defend a pharmaceutical distributor in a lawsuit brought by West Virginia’s attorney general alleging that drug distributors contributed to the rise of so-called “pill mills”…
Read More Seventh Circuit: Insurer Has Duty To Defend West Virginia’s Suit Against Drug Distributor Seeking To Recover Amounts Expended By The State Caring For Drug-Addicted Citizens
New York Insurance Legislative Update: Bills Passed to Promote E-Filings; Established Board May Affect NYDFS Prosecutory Actions
By Zachary Lerner & Troutman Pepper Locke on
The New York State Legislature’s 2016 Legislative Session on June 18, 2016 enacted new pieces of legislation affecting the New York insurance industry and also saw proposed pieces of legislation die in the process. In particular, e-delivery legislation passed through both houses, which will now allow for the electronic delivery…
Locke Lord’s Insurance & Reinsurance Newsletter – May 2016
By Troutman Pepper Locke on
Locke Lord’s Insurance & Reinsurance Newsletter provides topical snapshots of recent developments in the fast-changing world of insurance. For further information on any of the subjects covered in the newsletter, please contact one of the members of our Insurance team.
In This Issue:
- “Texas Department of Housing and Community
…
Read More Locke Lord’s Insurance & Reinsurance Newsletter – May 2016
New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos Claims
By Troutman Pepper Locke on
On May 3, 2016, the Court of Appeals of New York issued its opinion in In re Viking Pump, No. 59, 2016 WL 1735790, and found that “all sums” allocation and vertical exhaustion applied to the insureds’ claims to excess coverage for the asbestos exposure claims filed against them.
Read More New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos Claims
Illinois Federal Court Dismisses Claim That Premium Payment After Insured’s Death Reinstated Lapsed Life Insurance Policy
The U.S. District Court for the Northern District of Illinois recently dismissed a complaint filed by a policy beneficiary asserting that her husband’s lapsed life insurance policy was reinstated because she paid the unpaid premiums five days after her husband’s death. The beneficiary argued that the insurer waived the right…
Read More Illinois Federal Court Dismisses Claim That Premium Payment After Insured’s Death Reinstated Lapsed Life Insurance Policy
Supreme Court of Wisconsin: Insurer breached duty to defend and lost contribution rights by ending defense after settling partial claim within policy limits
By Troutman Pepper Locke on
Posted in Coverage & Claims
The Supreme Court of Wisconsin recently addressed the consequences of an insurer partially settling the underlying plaintiff’s claim for less than its full limit of liability and withdrawing its defense of the insured. The insured had general liability coverage with a $500,000 self-insured retention (“SIR”) and was also entitled to…
Read More Supreme Court of Wisconsin: Insurer breached duty to defend and lost contribution rights by ending defense after settling partial claim within policy limits
Massachusetts Supreme Judicial Court Approves Equitable Contribution Among Co-Insurers And Rejects “Selective Tender Rule”
By Troutman Pepper Locke on
Posted in Coverage & Claims, Massachusetts Developments
The Massachusetts Supreme Judicial Court recently rejected the application of the “Selective Tender Rule” as against Massachusetts law and public policy. On a certified question from the U.S. Court of Appeals for the First Circuit, the Court found that where two workers’ compensation insurance policies issued by different companies provide…
Read More Massachusetts Supreme Judicial Court Approves Equitable Contribution Among Co-Insurers And Rejects “Selective Tender Rule”
Wisconsin Appellate Court: A Single Policy is Triggered and its TCPA Exclusion Applies, Per the Allegations of the Class-Action Complaint
By Troutman Pepper Locke on
Posted in Coverage & Claims
A Wisconsin appellate court recently addressed the applicability of a Telephone Consumer Protection Act (TCPA) exclusion to claims of conversion and which policies are triggered in a TCPA class action. First, the court held the TCPA exclusion barred coverage and that the insurer had no duty to defend. The court…
Read More Wisconsin Appellate Court: A Single Policy is Triggered and its TCPA Exclusion Applies, Per the Allegations of the Class-Action Complaint