Welcome to CICR’s annual review of insurance cases. Here, we spotlight seven decisions from the last year that you should know about, and five pending cases — all before state high courts — to keep an eye on. The choices were not always easy.
Author: Amy Besser
Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues
In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s Wallace & Gale approach.
Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion
As more and more plaintiffs’ attorneys are using lack of notice to argue that the Distribution of Material exclusion is ineffective, American Family illustrates an effective way to establish adequate notice where actual documentation may be lacking.
New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
On November 21, 2018, the New York Supreme Court, Onondaga County, issued a summary-judgment ruling on a number of coverage issues arising from asbestos-related bodily injury claims.
COMPLEX INSURANCE COVERAGE REPORTER – DECEMBER 2018
Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad Faith? and Top Developments
Top Developments – December 2018
Top Developments in Attorney’s Fees, Bad Faith, Number of Occurrences, Occurrence, Property Damage – Loss of Use, Reservation of Rights and Statute Of Limitations – Negligent Procurement
New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment
A recent opinion by the New York Supreme Court, Appellate Division (Second Department) highlights the potential risks for an insurer leaving an insured unrepresented while the insurer pursues other parties or insurers who may be primarily responsible for defending the insured.
Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage
The federal district court in Hall found that the policy “unambiguously excluded coverage for the faulty workmanship claims” in the underlying action.
Top Developments – February 2018
Top Developments in Attorney’s Fees – Declaratory Judgment Action, Bad Faith, Construction Defect, Independent Counsel and Pollution Exclusion
Complex Insurance Coverage Reporter – February 2018
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel and Top Developments