News & Analysis as of

Liability Insurance Insurance Litigation Commercial Insurance Policies

Zelle  LLP

Rescission: Timing Matters Under Texas Law

Zelle LLP on

As discussed in an article Zelle drafted in November 2023, "Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas", an insurer that wishes to rescind an insurance policy on the basis...more

Woodruff Sawyer

​​Commercial Auto Liability Insurance: Ensuring Coverage in a Hard Market​

Woodruff Sawyer on

The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

Rivkin Radler LLP on

The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Foley Hoag LLP

Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

Foley Hoag LLP on

Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy...more

Woodruff Sawyer

What Does a Billion-Dollar Verdict Mean for Casualty Insurance Buyers?

Woodruff Sawyer on

Frequency of severity is back. Insurance buyers need to approach excess casualty renewals carefully to mitigate for loss trends and take advantage of a changing insurance market....more

Bradley Arant Boult Cummings LLP

Equitable Subrogation: A Useful Tool for Your Excess Insurer When Your Primary Insurer Refuses to Settle Within its Limits

Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to...more

Dorsey & Whitney LLP

Fifth Circuit Concludes That FCA Claim Was Not Covered By Insurance Policy

Dorsey & Whitney LLP on

The U.S. Court of Appeals for the Fifth Circuit recently rejected a shipbuilder’s claim against its insurance company seeking defense and indemnification from a False Claims Act suit. See XL Spec. Ins. Co. v. Bollinger...more

Goulston & Storrs PC

Biochemics, Inc. v. Axis Reinsurance Co.: When Does a D&O “Claim” Occur?

Goulston & Storrs PC on

A recent decision of the United States District Court for Massachusetts underscores the need for holders of director and officer (“D&O”) policies to provide timely – and early – notice of a claim, especially when the SEC...more

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