Loading and Unloading Under GL and Auto Policies: 2024
Standard Formula Podcast | Reinsurance and Risk Transfer: Risk Mitigation Under the Solvency II Regime
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
How to Use an Insurer’s Service Offerings to Reduce Costs
Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer Chosen Defense Counsel
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
In this episode of Don't Take No For An Answer, Lynda A. Bennett and Eric Jesse discuss two New York cases that mark a turning point in allowing policyholders to pursue bad faith claims against their insurers. The cases shift...more
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more
We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more
In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more
In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied...more
An understanding of Willis v. Barry Graham Oil Service LLC requires knowledge of two principles underlying the Louisiana Anti-Oilfield Indemnity Act: The LOAIA bars an oilfield agreement to the extent that the agreement...more
The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more
The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more
Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more
When it comes to insurance contracts, the devil is often in the details, as a recent Oregon Court of Appeals case illustrated. In The Final Table, LLC v. Acceptance Casualty Insurance Co., an individual was seriously injured...more
Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction - The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional...more
Foreign insurers can feel more confident in their ability to enforce international arbitration clauses in American courts. Last month, the US Supreme Court declined to reverse a decision of the US Court of Appeals for the...more
The Holding - In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more
A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more
The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more
Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts. Recently, the Sixth Circuit revisited the issue of interpreting contractual language in Dark Horse Express, LLC v. Lancer...more
Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that an insurer's anti-assignment provision was not prohibited. The Court disagreed with the Fifth DCA's decision in December 2017 prohibiting any such...more
ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more
Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more
Although the parties had entered into what they called a Facultative Reinsurance Agreement (“FRA”), the Missouri Court of Appeals determined the agreement was a contact of indemnity against liability, and thus, pursuant to...more
A “Morris agreement” between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn’t an arms-length transaction, and the settlement left the insured without any risk of personal liability,...more
In Joy Tabernacle — The New Testament Church v. State Farm Fire & Cas. Co., 2015 WL 3824733, 2015 U.S. App. LEXIS 10707 (6th Cir., Jun. 22, 2015), a unanimous panel of the federal Court of Appeals recently held that a...more