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.
Recent Posts
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.
Complex Insurance Coverage Reporter – September 2018
Covering an American Epidemic: Insurance Coverage Issues Arising out of the Opioid Crisis and Top Developments
Top Developments – September 2018
Top Developments in Bankruptcy Injunction, Defense Cost Reimbursement, Duty to Defend, Estoppel, Excess Insurance, Occurrence and Settlements
A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims
In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO. . .
New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation
The court’s August 18, 2018 decision dealt with four Midland excess policies issued to American Smelting and Refining Company (ASARCO).