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FIFTH CIRCUIT DECISION PUTS EXCESS INSURER BACK IN LINE. BUT WILL IT CURB THE...
In recent years, excess insurers have been challenging the constraints of their traditional “follow form” status by trying to influence how the underlying insurance must be paid out. After a string...
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Five Tips for Building a Better Insurance Coverage Tower
Insurance coverage cases from 2014 have illustrated a disturbing trend: excess insurers are continuing to take aggressive coverage positions and are increasingly unwilling to let the scope of their...
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Minnesota Courts Address Statutory Procedures for Claims Against Insurance...
Last week, the Minnesota Supreme Court and the Minnesota Court of Appeals issued opinions concerning separate statutory requirements for maintaining actions against insurance companies. In the first,...
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Settlement Means Policyholders Will Have to Wait for Clarification of Proper...
It looks like policyholders will have to wait for any further answers to the question of whether and when a policyholder must show “proper” exhaustion of underlying policy limits in order to access its...
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Quality Egg Appeal Serves as a Reminder to Look for Cracks in D&O Coverage...
Earlier this week, Peter and Austin DeCoster submitted their opening briefs in their appeal of the three-month prison sentence they each received for pleading guilty to misdemeanor violations of the...
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Barnes & Thornburg’s Insurance Recovery Team Helps Secure Federal Appellate...
On Aug. 20, 2015, the U.S. Court of Appeals for the Eighth Circuit issued an important favorable decision for marine insurance policyholders. The court reversed a summary judgment order that had been...
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In Determining Duty to Defend, Wisconsin Supreme Court Clarifies Four-Corners...
In coverage actions, policyholders (and their attorneys) frequently rely on the well-accepted principle that an insurer’s duty to defend is broader than its duty to indemnify. Indeed, given the...
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Sixth Circuit Opinion Serves as Reminder of Potential Pitfalls in Excess...
In previous posts, we’ve discussed the propensity of excess liability insurers to try to avoid coverage by challenging policyholder actions that occurred before the underlying defense costs or...
View ArticleTell All: Making a Case for More Dialogue in the Insurance Application Process
Do nothing secretly; for Time sees and hears all things, and discloses all. – Sophocles Keeping secrets during the insurance application process is a bad idea. A policyholder who responds to...
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