Archives
Insurability of Punitive Damages -- Texas Style
Cleaning Up the Mess in Texas: Insurer Funding Payment of Liability Claims When Coverage Is Doubted
The Covenant to Provide Notice: Materiality or Prejudice Needed To Refuse Payment
A Dog in the Fight: Policyholder Interest in Inter-Insurer Disputes
A Dog in the Fight: Policyholder Interest in Inter-Insurer Disputes
The "Insurance Hoax" -- Insurers Paying Too Little and Too Late
The "Insurance Hoax" -- Insurers Paying Too Little and Too Late
Product Recalls
Product Recalls
A Man, A Plan, A Canal -- A Flood
A Man, A Plan, A Canal -- A Flood
Blawgworld 2007
Blawgworld 2007
Discovery of NMA Wordings for Lloyd's Policies
Discovery of NMA Wordings for Lloyd's Policies
On Suits and Prophylactics: Recurring Environmental Coverage Issues
On Suits and Prophylactics: Recurring Environmental Coverage Issues
Odoriferous Occurrence
Odoriferous Occurrence
Appraising Appraisers and Appraisals
Appraising Appraisers and Appraisals
Does a Court's (Reversed) Disparagement of the Policyholder's Coverage Claim Alone Eviscerate Its Bad-Faith Claim?
Does a Court's (Reversed) Disparagement of the Policyholder's Coverage Claim Alone Eviscerate Its Bad-Faith Claim?
Insurers' Duty to Defend their Insureds Against Intentional Torts
Insurers' Duty to Defend their Insureds Against Intentional Torts
Cone of Silence or Echo Chamber: A Policyholder’s Privileged Communications and its Insurers
Cone of Silence or Echo Chamber: A Policyholder’s Privileged Communications and its Insurers
‘Round and ‘Round the Tort Liability Goes – When It Stops, Whither the Insurance Chose?
‘Round and ‘Round the Tort Liability Goes – When It Stops, Whither the Insurance Chose?
Caveat Advocat: Defense Lawyers as Coverage Lawyers
Caveat Advocat: Defense Lawyers as Coverage Lawyers
Now You See It, Now You Don’t: Payments Received from Insolvent Insurers
Now You See It, Now You Don’t: Payments Received from Insolvent Insurers
Trigger and Allocation for Asbestos, Other Bodily Injury, and Property Damage: Recent Cases and the Policyholders' Winning Argument
Trigger and Allocation for Asbestos, Other Bodily Injury, and Property Damage: Recent Cases and the Policyholders' Winning Argument
Berkshire Hath A Way Out for Equitas and Lloyd’s
Berkshire Hath A Way Out for Equitas and Lloyd’s
The Duty to Defend Class-Action Claims (Before a Class with Covered Claimants Is Certified)
The Duty to Defend Class-Action Claims (Before a Class with Covered Claimants Is Certified)
Trial Graphics in Insurance-Coverage Cases: Advocacy with Data and Pictures
Trial Graphics in Insurance-Coverage Cases: Advocacy with Data and Pictures
What An Underwriter Wants: D&O Insurance Submissions and the Hunt for the Virtuous Insured
What An Underwriter Wants: D&O Insurance Submissions and the Hunt for the Virtuous Insured
Jury Instructions in Insurance-Coverage and Insurance Bad-Faith Cases
Jury Instructions in Insurance-Coverage and Insurance Bad-Faith Cases
Conflict of Laws and Insurance Disputes: Choice of Law or Choice of Outcomes?
Conflict of Laws and Insurance Disputes: Choice of Law or Choice of Outcomes?
Additional Insured?: Defense Assured
Additional Insured?: Defense Assured
Equitas Financials -- 2006 Version
Equitas Financials -- 2006 Version
Running Out of Time: Statute of Limitations for Liability Insurance Policies
Running Out of Time: Statute of Limitations for Liability Insurance Policies
Discovery of Other-Insured Claim Files in Insurance and Bad-Faith Disputes
Discovery of Other-Insured Claim Files in Insurance and Bad-Faith Disputes
Late Notice by Liability Insurance Policyholders as Excuse Not to Pay – of Notice, Covenants, Conditions, Material Breaches, Innominate terms, and American versus English Law
Late Notice by Liability Insurance Policyholders as Excuse Not to Pay – of Notice, Covenants, Conditions, Material Breaches, Innominate terms, and American versus English Law
Taming the Lion(cover): Lioncover, Lloyd's, Equitas, and the Central Fund(s)
Taming the Lion(cover): Lioncover, Lloyd's, Equitas, and the Central Fund(s)
ACE's "Plea Agreement" with Law Enforcement and Regulators
ACE's "Plea Agreement" with Law Enforcement and Regulators
What You See Is Not What You Get: Renewal Policies
What You See Is Not What You Get: Renewal Policies
Blast Fax -- Policyholders Continue to Obtain Defense Coverage
Blast Fax -- Policyholders Continue to Obtain Defense Coverage
Witness for the Prosecution: Me!
Witness for the Prosecution: Me!
Aloha to Unasserted Coverage Defenses: Waiver, Estoppel, and Mend the Hold in Insurance Cases
Aloha to Unasserted Coverage Defenses: Waiver, Estoppel, and Mend the Hold in Insurance Cases
Entwining Physical and Economic Losses under Business-Interruption Insurance
Entwining Physical and Economic Losses under Business-Interruption Insurance
The Risks of the Seas and of Federal Courts Seizing -- or Being Seised of -- Jurisdiction
The Risks of the Seas and of Federal Courts Seizing -- or Being Seised of -- Jurisdiction
What a Director (or Officer) Wants: A Guide for Insureds to the Wordings of D&O Policies
What a Director (or Officer) Wants: A Guide for Insureds to the Wordings of D&O Policies
AIG Settles NY State Charges and Buys Insurance Against Future Liability
AIG Settles NY State Charges and Buys Insurance Against Future Liability
Fettering the Insurer’s Privilege to Control the Defense It Is Duty Bound to Provide
Fettering the Insurer’s Privilege to Control the Defense It Is Duty Bound to Provide
With Friends (Clients) Like These . . . .
With Friends (Clients) Like These . . . .
Medical-Malpractice Liability and Insurance Myths -- and Reality
Medical-Malpractice Liability and Insurance Myths -- and Reality
Insurance Industry Spared from Bankruptcy: Asbestos 524(g) Settlements
Insurance Industry Spared from Bankruptcy: Asbestos 524(g) Settlements
Gelding the Pollution Exclusion: Welding Exposure Claims Not Barred
Gelding the Pollution Exclusion: Welding Exposure Claims Not Barred
Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance Coverage
Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance Coverage
Defense Coverage Under Excess Insurance Policy Forms
Defense Coverage Under Excess Insurance Policy Forms
Triggering Asbestos Coverage: Creating Gaps
Triggering Asbestos Coverage: Creating Gaps
A Slip ‘Twixt the Cup and the Lip: Captive Insurers and Reinsurance Recovery
A Slip ‘Twixt the Cup and the Lip: Captive Insurers and Reinsurance Recovery
Your Broker May Be Your Friend – But Ain't Your Lawyer
Your Broker May Be Your Friend – But Ain't Your Lawyer
Discovery of Insurer Reserve Information: Implied Admission of Coverage or Attorney Work Product ? Or Both?
Discovery of Insurer Reserve Information: Implied Admission of Coverage or Attorney Work Product ? Or Both?
E Pluribus Plures: More on Number of Occurrences
E Pluribus Plures: More on Number of Occurrences
More Alchemy than Chemistry: Corporate Purchases of Liability Insurance 2005
More Alchemy than Chemistry: Corporate Purchases of Liability Insurance 2005
Stranded without Recourse: FEMA Halts Payment of Flood-Insurance Claims
Stranded without Recourse: FEMA Halts Payment of Flood-Insurance Claims
Blowin’ in the Wind: Insurance Coverage for Wind, Rain, and Wind-Driven Rain
Blowin’ in the Wind: Insurance Coverage for Wind, Rain, and Wind-Driven Rain
Insurance for Goods in Transit
Insurance for Goods in Transit
Culminating in Error: NonCumulation Provisions
Culminating in Error: NonCumulation Provisions
When ERISA Suits Tagalong to D&O Claims the Fiduciary-Liability Coverage Might Not
When ERISA Suits Tagalong to D&O Claims the Fiduciary-Liability Coverage Might Not
It’s Good to Be a Bad Insurance Company in America
It’s Good to Be a Bad Insurance Company in America
Targeting Policyholder Counsel in Asbestos Bankruptcy Cases
Targeting Policyholder Counsel in Asbestos Bankruptcy Cases
Kentucky Rules on Environmental Coverage
Kentucky Rules on Environmental Coverage
Le Affaire Condon: On Art, Death, and Insurance
Le Affaire Condon: On Art, Death, and Insurance
The Faulty Workmanship of the Courts
The Faulty Workmanship of the Courts
Good Deeds, Smart Business, Corporate Waste, and Ex Gratia Payments
Good Deeds, Smart Business, Corporate Waste, and Ex Gratia Payments
Stay What? Coverage Claims May Proceed Against Insolvent Insurers
Stay What? Coverage Claims May Proceed Against Insolvent Insurers
Katrina -- Submit Your Proofs of Loss or Forfeit Insurance Coverage -- Updated!
Katrina -- Submit Your Proofs of Loss or Forfeit Insurance Coverage -- Updated!
Tragedy and Failure
Tragedy and Failure
Defending Defense Costs: Parrying the Attack of the Legal-Fee Auditors
Defending Defense Costs: Parrying the Attack of the Legal-Fee Auditors
Absolute Nonsense
Absolute Nonsense
Businesses Far from Katrina May Have Insurance Claims
Businesses Far from Katrina May Have Insurance Claims
Update on Coverage for Blast Faxes
Update on Coverage for Blast Faxes
Grab Your Umbrella -- and Magnifying Glass
Grab Your Umbrella -- and Magnifying Glass
E Pluribus Unum: Number of Occurrences for Asbestos Claims
E Pluribus Unum: Number of Occurrences for Asbestos Claims
Walks and Quacks like a Duck: The Reach of Insurance Regulation to a Seller’s Provision of Insurance-Like Benefits – Of Warranties, Requirements Contracts, & Other Benefits
Walks and Quacks like a Duck: The Reach of Insurance Regulation to a Seller’s Provision of Insurance-Like Benefits – Of Warranties, Requirements Contracts, & Other Benefits
An Insurance Company’s Duty to Consent
An Insurance Company’s Duty to Consent
Dissolving Solvent Schemes of Arrangement
Dissolving Solvent Schemes of Arrangement
No Whining: 2004 Was a Good Vintage for US Property-Casualty Insurers
No Whining: 2004 Was a Good Vintage for US Property-Casualty Insurers
Late Reporting in Claims-Made Policies: Getting to the Root of the Issue
Late Reporting in Claims-Made Policies: Getting to the Root of the Issue
Mess in Texas -- Insurer Reimbursement of Settlement Payments
Mess in Texas -- Insurer Reimbursement of Settlement Payments
Equitas Financial Reports – 2005 Version
Equitas Financial Reports – 2005 Version
It’s a Crime: Efforts to Constrict the Broad Scope of Fidelity Insurance Coverage
It’s a Crime: Efforts to Constrict the Broad Scope of Fidelity Insurance Coverage
Notice this Case
Notice this Case
Accidental Suicide
Accidental Suicide
D&O Implications of the AIG Mess
D&O Implications of the AIG Mess
Denominators and Punitive Damages in Bad-Faith Cases
Denominators and Punitive Damages in Bad-Faith Cases
Just the Fax: Coverage for Unsolicited Faxes under the TCPA
Just the Fax: Coverage for Unsolicited Faxes under the TCPA
Recoupment of Defense Costs
Recoupment of Defense Costs
The Economics of the Property-Casualty Insurance Business (including Reinsurance)
The Economics of the Property-Casualty Insurance Business (including Reinsurance)
Expecting the Run-Around: Juries and Insurance-Coverage Cases
Expecting the Run-Around: Juries and Insurance-Coverage Cases
Better by Fax? Perfecting Coverage under Notice-of-Circumstances Provisions of Claims-Made Policies
Better by Fax? Perfecting Coverage under Notice-of-Circumstances Provisions of Claims-Made Policies
Contingent Business Interruption Coverage – Insuring Against Loss from One’s Dependence on Others
Contingent Business Interruption Coverage – Insuring Against Loss from One’s Dependence on Others
Silica Bodily Injury Claims: 'Polluting' the Injured ?
Silica Bodily Injury Claims: 'Polluting' the Injured ?
Insurer Subrogation Against Product Manufacturers
Insurer Subrogation Against Product Manufacturers
Food-Related Losses and Insurance
Food-Related Losses and Insurance
Issues in Terrorism Insurance
Issues in Terrorism Insurance
Equitas Financial Reports – 2004 Version
Equitas Financial Reports – 2004 Version