The Enforceable Unwritten Exclusions and their Business Risks
5/31/19
By: Rob Cutbirth Claim experience on a local or national basis, or generalized soft or hard insurance market conditions, can affect an insurer’s decision on pricing and offered coverage terms. Premiums and underwriting guidelines may change to address market or loss experience concerns. Coverage benefits may be expanded or contracted to address competition or fiscal…
Court Rules No Coverage For Pa. Law Firm's Malpractice Suit
11/26/18
By: Barry Brownstein An insurer does not have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate development. The United States District Court for the Western District of Pennsylvania granted Westport Insurance…
The Bad Faith Trap: Evidentiary Concerns In Defending “Failure To Settle” Claims
10/19/18
By: Phil Savrin It is commonly known in our industry that even an insurer that has accepted coverage for a liability claim can nevertheless be exposed to liability beyond the limits of the policy if it fails to settle the claim. The reason for this rule is that an insurer’s contractual agreement to protect the…
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy discovery process before it’s too late. A recent case in Georgia is an interesting illustration of…
Does Insurer Have Duty to Defend Non-Covered Lawsuit When Insured Proclaims Innocence?
11/23/15
By: Bill Buechner An insurer’s duty to defend is generally determined by comparing the allegations in the complaint to the insurance policy. If the allegations in the complaint arguably or potentially bring the claim within coverage, the insurer has a duty to defend the lawsuit, even if the allegations are false or unfounded. Conversely, if…