3/15/19
By: Ben N. Dunlap A claimant’s demand to settle a case within the limits of a defendant’s liability insurance policy can lead to a variety of outcomes driven by the particular allegations, evidence, liability and damages evaluations, procedural posture, and law of the jurisdiction. In one case addressing these issues, the First Circuit Court of…
Cancelling a Financed Policy: Reliance on a Power of Attorney
2/8/19
By: Eric Benedict When a prospective insured is applying for and obtaining coverage, no matter the type of risk, the cost of the premiums is likely to be a foremost concern. To cover the cost of the premium, an insured may choose to seek financing from third-party entities known as premium financing companies. In exchange for agreed…
998s: The Stealth Policy Limit Demand
2/7/19
By: Tim Kenna & Kristin Ingulsrud In personal injury practice, the claimant’s attorney will sometimes serve a statutory offer to compromise in tandem with service of the summons and complaint. This strategy has a two-fold impact on the case. The first is that if the plaintiff obtains a better result at trial, it may seek…
Fire On the Mountain: Insurance Coverage Disputes Arising Under California Property Policies
11/6/17
By: Richard E. Wirick No issue in insurance coverage could be more topical than fire losses. The Napa and Sonoma County fires, as well as lesser wildfire losses in the Anaheim area, may well give rise to more coverage disputes than we have seen since the Oakland Hills (Tunnel) fires of the nineties. This is…
Court Holds that Eleven Claims are Subject to Single Limit
10/13/17
By: Joyce M. Mocek Recently, the Eleventh Circuit, applying Florida law, held that eleven claims of bodily injury by separate patients all against a pharmacy and pharmacist for negligence in repackaging a drug for injections constituted “related claims” under the insurance policy(ies) at issue. Amer. Cas. Co. of Reading, Pa. v. Belcher, No. 17-10848, 2017…
Are We Speaking the Same Language?
7/15/14
By: Seth F. Kirby When describing insurance coverage analysis to individuals unfamiliar with the nature of my practice, I often compare it to assembling a puzzle. Coverage counsel has to examine the claim presented to determine if it fits within the framework of coverage set forth in the insurance contract. Of course, the puzzle pieces…
3/28/13
By: Bart Gary Many contracts, especially construction contracts, will contain a provision whereby one party, usually a subcontractor, agrees to add the other party to the contract, usually the general contractor, as an additional insured on the former’s insurance coverage. Where the additional insured has its own coverage, the question arises as to whether there are…