On June 4, 2015, U.S. District Judge Lee Rosenthal issued a long ruling, resolving a number of partial summary judgment motions filed in the case of Exxon Mobil Corporation v. United States. Continue Reading ›
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Florida Appeals Court Overturns Notice/Prejudice Ruling Against Policyholder
Florida’s Third District Court of Appeals recently held that whether “prompt” notice was given to an insurer of a claim occurring over three and a half years after a hurricane caused damages to a condominium is a question of fact that must be given to the jury. This ruling confirms that the date on which an insureds’ duty to report a claim is triggered under an insurance policy’s notice provision is an issue of fact not ripe for summary judgment. The case is Laquer v. Citizens Property Insurance Corporation.
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Don’t Trust, Verify: What Every Business Needs to Know About Certificates of Insurance
Certificates of insurance (a.k.a COIs) are used in contract relationships all the time. COIs give details of the insurance policies held by a contracting party as of a certain date. They usually include information such as the policy number, the name of the insurance company, the type of insurance, the limits of liability, the
name of the policyholder, and a list of any additional insureds. While the information in COIs may be important for you to understand when you are entering into a contract, what may be even more important for you to understand are their limits. Continue Reading ›
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Going Viral: Insurance for Ebola and Other Pandemic Outbreaks
Companies face significant business risks from contagious outbreak. Interruptions in supply arrangements, restrictions on travel, employee downtime, and potential liabilities for infecting third parties are just a few of the risks plaguing business. From Legionnaire’s disease to avian flu, H1N1 to Ebola, businesses and institutions have suffered repeated dislocations and disruptions because of infectious diseases. But as we know, businesses are not defenseless. Continue Reading ›
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All That Glitters Is Not … Asbestos? Pennsylvania Federal Court Offers Glimmer of Hope to Policyholders with Asbestos Liabilities
If your company faces liability arising out of exposure to asbestos-containing products or materials, it may pay—a lot—to take a second look at your liability insurance policies containing asbestos exclusions. They may not exclude your loss after all. On March 3, 2015, a Pennsylvania federal district court ruled in General Refractories Co. v. First State Insurance Co. that an asbestos exclusion in two general liability policies is ambiguous, and does not bar coverage for a multitude of asbestos-related lawsuits against a manufacturer and supplier of asbestos-containing products. Continue Reading ›
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Sweeping Ruling in Favor of “Litigation Insurance” Provided by the Duty to Defend
A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations—if proved—would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a form of “litigation insurance,” protecting the insured against the costs of being wrongly sued, however groundless the claims against it may be. The case is Illinois Tool Works Inc. and ITW Finishing LLC v. Travelers Casualty and Surety Company, et al. Continue Reading ›