Top Developments in Allocation – Defense Costs, Bad Faith, Business Risk Exclusions, Defense Counsel Malpractice Claims, Non-Cumulation, Pollution Exclusion and Voluntary Payments
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.
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.
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.
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.
Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad Faith? and Top Developments