The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more
6/24/2025
/ Breach of Contract ,
Contract Disputes ,
Contract Interpretation ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insurance Regulations ,
Liability ,
Policy Exclusions ,
Policy Terms
The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more
2/5/2025
/ Breach of Contract ,
California ,
Commercial General Liability Policies ,
Contract Terms ,
Duty to Defend ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Liability ,
Policy Terms ,
Risk Management
An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more
10/4/2019
/ Appeals ,
Auto Insurance ,
Bad Faith ,
Catastrophic Impairment ,
Excess Policies ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insurer Liability ,
Policy Limits ,
Settlement Negotiations
“Long-tail” claims involve personal injury or property damage from alleged exposure to injury-causing products, such as asbestos or PFCs, over a number of years and multiple policy periods. Courts in various jurisdictions use...more
A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your...more