An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel
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New York Court of Appeals Rejects Unavailability Exception to Pro Rata Allocation
By: Robert Walsh and Paul Briganti On March 27, 2018, the New York Court of Appeals issued its widely anticipated decision in Keyspan Gas East Corp. v. Munich Reinsurance America,
California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law
By: Gregory Capps On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to
Top Developments – February 2018
ATTORNEY’S FEES – DECLARATORY JUDGMENT ACTION JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) Oklahoma Supreme
Complex Insurance Coverage Reporter – February 2018
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel Insurers know all too well that the penalties for an ineffective reservation of rights letter can be severe.
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
By: Craig O’Neill The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it
Ohio Court Of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims
On December 28, 2017, the Ohio Court of Appeals (Eighth District) held in GrafTech International, Ltd., et al. v. Pacific Employers Ins. Co., et al., No. 105258 that coverage for
Texas Supreme Court to Rehear Menchaca Bad Faith Case
By: Sean Mahoney On December 15th, the Texas Supreme Court agreed to revisit its April 7, 2017 decision in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, a “bad faith”
Complex Insurance Coverage Reporter – December 2017
SPOTLIGHT: Coverage For Defense Costs Under Excess Policies – Missouri Court Surveys the Landscape
And Top Developments
Top Developments – December 2017
Top Developments in Construction Defect, Defense Cost Reimbursement, Exhaustion, New York Insurance Law Section 3420, Number of Occurrences, Pollution Exclusion, Reinsurance, and Trigger of Coverage
New York Court of Appeals Disavows the “Bellefonte Rule”
By: Daryn Rush and Ellen Burrows The New York Court of Appeals issued its ruling in the closely-watched Global v. Century case, holding that New York law “does not impose either a