An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its choice where its potential liability significantly exceeded the insurer’s policy limits, according to an Illinois federal court.
A Delaware superior court recently predicted that New York’s highest court would not require policyholders to horizontally exhaust excess policies in long-tail coverage cases.
A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that the insured pharmaceutical drug distributor was a “pill mill” and played a role in creating widespread drug addiction in the state – was outside of ...
In a fascinating – albeit unpublished – decision from the Ninth U.S. Circuit Court of Appeals, two judges on the appellate panel reversed summary judgment for an insurer that had failed to consider facts extrinsic to the underlying complaint when denying coverage to the policyholder.
These cases confirm that insurers cannot hide claims-handling and similar documents and information from production by using lawyers in an attempt to recharacterize normal business functions as legal functions.
A policyholder is not required to prove ascertainable damages to be entitled to an award of punitive damages against an insurer when a jury finds liability for bad faith, the Fourth Circuit Court of Appeals has ruled.
In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer Protection Act case against an insured requires indemnification by the insurer – even though the policyholder reached the agreement on its own.
While the holding sounds straightforward – the reasonable expectations of an additional insured about the scope of an excess liability policy may differ from the reasonable expectations of the named insured – the implications of a recent California appellate court decision are ...
The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well (http://www.manatt.com/Sandy_Insurance_Coverage_for_Losses.aspx).
Given the unprecedented meteorological event known colloquially as “Superstorm Sandy,” the Federal Emergency Management Agency granted multiple extensions for National Flood Insurance Program policyholders to file a Proof of Loss.