A Massachusetts federal judge has found that violations of a fee-sharing agreement between a lawyer and his former firm do not constitute legal services, and therefore do not fall within the scope of coverage afforded by the lawyer’s professional malpractice policy.
Read More Fee Dispute Between Lawyer and Former Firm Not Covered by E&O Policy

Over the years, swimming pools have given rise to more than their share of reported decisions.  One of the most recent, and relevant to the insurance industry, is the US Court of Appeals for the Fifth Circuit’s recent decision affirming a finding that a contractor’s faulty work in installing a swimming pool may be deemed an “occurrence” for purposes of general liability insurance coverage. 
Read More Faulty Work Deemed An “Occurrence” Under CGL Policy

The Seattle Times recently reported that a settlement “in excess of $200 million” has been reached in a case involving the 2008 demise of the banking giant Washington Mutual.  The suit, filed against a number of WaMu’s former directors and officers and a bevy of Wall Street investment banks, concerns WaMu’s allegedly slapdash lending practices and misleading public statements about the bank’s financial health. 
Read More Tentative Settlement Worth a Reported $200+ Million Reached in WaMu Securities Class Action

In a consultation launched on 14 December 2010, HM Treasury outlined proposals for the development of “Simple Financial Products”(click here for a copy of the consultation), in particular payment protection insurance (PPI) products. 
Read More UK: Association of British Insurers Tentatively Backs Current HM Treasury Proposals for Simple Payment Protection Insurance Products

Cases on the anti-deprivation rule are coming with increasing frequency. In the latest case, reported as Folgate London Market Limited (formerly Towergate Stafford Knight Co Limited) v Chaucer Insurance PLC [2011] EWCA Civ 328, an insurance broker had agreed to indemnify a company against liability in respect of a personal injury claim where the insurers had declined cover on the basis of an exception in the policy. 
Read More UK: English Court of Appeal decision on the Anti-deprivation Rule

The Florida Supreme Court recently held that the attorney-client privilege applies to an insurer’s written communications and that the insured cannot discover such privileged documents in a first party bad faith action. 
Read More Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action