LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
Hurricane Ike has caused very substantial loss throughout the Texas Gulf Coast. As the region begins to recover, Morgan Lewis’s Insurance Recovery lawyers are already working with our clients nationwide to ensu... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
On July 23, New York Governor David A. Paterson approved a revision to New York’s Insurance Law heralding important and long-awaited changes in favor of policyholders.
The new law revises Section 3420 o... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
The recent national salmonella outbreak has sickened at least 810 people in 36 states and the District of Columbia. It has cost the food industry at least $100 million, according to the National Restaurant Asso... more
Presentation | Speech
Richard McMenamin,
Carol Carty
Outside Publications | Article
John Shugrue,
Kevin Dreher
This article discusses why insurance coverage should be available for alleged violations of the TCPA (the junk fax statute) and FACTA (the truncated credit card statute). The article analyzes case law concerning the availabilit... more
Presentation | Speech
Brendan Dolan,
Dawn Pittman,
Lisa Tenorio-Kutzkey,
John Hemann
Outside Publications | Article
Carol Carty
Presentation | Speech
Kevin Dreher
Outside Publications | Article
Christopher Loeber,
Kurt Rademacher
Presentation | Speech
Kevin Dreher
Presentation | Speech
Kevin Dreher
Outside Publications | Article
Michel Horton,
Paul Zevnik,
Jeffrey Raskin
Outside Publications | Article
John Shugrue,
Gary Smuckler
Outside Publications | Article
Roger Smith
Outside Publications | Article
Leza Di Bella
Outside Publications | Article
Michel Horton
Presentation | Webcast
Richard McMenamin,
John Shugrue
LawFlash/Client Alert | Litigation LawFlash
Litigation
On March 18, 2006, the Wall Street Journal published an article indicating that a number of public companies supposedly "backdated" grants of stock options to senior executives to allow those executives to profit. ... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
As you have undoubtedly read recently, The Wall Street Journal and other media have been beating the drum loudly over whether public companies have “backdated” their options grants such that executives have reaped imp... more
Outside Publications | Article
John Shugrue,
Kevin Dreher
Presentation | Webcast
George Edgar,
John Shugrue,
David Luttinger, Jr.,
Howard Weir, III,
Michael Libor,
Jay Gutierrez
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On July 27, 2005, the U. S. District Court for the Eastern District of Pennsylvania granted Sunoco's Motion for Partial Summary Judgment against Illinois National Insurance Company (INI), ordering INI to reimburse ... more
Outside Publications | Article
Roger Smith
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On October 25, 2005, Insurance Recovery lawyers obtained a significant summary judgment ruling in New York Supreme Court on behalf of Wal-Mart Stores, Inc., against Lexington Insurance Company and United States Fidelity... more
Presentation | Webcast
Richard McMenamin,
John Shugrue
LawFlash/Client Alert | Litigation LawFlash
Litigation
Hurricane Katrina has caused very substantial loss throughout Louisiana, Mississippi, and Alabama. During the rebuilding process, our insurance recovery lawyers are working with our clients nationwide to ensure... more
LawFlash/Client Alert | Litigation LawFlash
Litigation
The losses incurred by policyholders due to Hurricane Katrina implicate various types of insurance coverage including: first party property, business interruption, extra expense, contingent business interruption, genera... more
LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery
On August 29, 2005, the California Supreme Court issued its long-awaited decision in Powerine Oil Co. v. Superior Courts (“ Powerine II ”). In unanimously holding that administratively imposed e... more
Presentation | Speech
Michael Miguel,
John Hartigan
LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery
In a decision that has been eagerly anticipated by policyholders, insurers and reinsurers, on July 19, the Pennsylvania Supreme Court issued a per curiam order affirming the June 23, 2003, 89-page opinion and order of J... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
The per curiam Order of the Pennsylvania Supreme Court affirms the decision of Judge Mary Hannah Leavitt of the Pennsylvania Supreme Court granting American Airlines direct access to reinsurance from, among others, Synd... more
Presentation | Webcast
John Shugrue,
Jeffrey Raskin
LawFlash/Client Alert | Litigation LawFlash
Litigation
On April 19, 2005, Senator Arlen Specter introduced the “Fairness in Asbestos Injury Resolution Act of 2005” (the Act), S. 852, 109th Cong. (2005). The legislation would create a “privately funded, publicly adm... more
White Paper | Morgan Lewis White Paper
On April 19, 2005, Senator Arlen Specter introduced the “Fairness in Asbestos Injury Resolution Act of 2005” (the “Act”), S. 852, 109th Cong. (2005). The legislation would create a “privately funded, publicly administere... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
BIRMINGHAM, Ala. -An Alabama jury on March 10 awarded $4.9 million to Southern Natural Gas Co. with respect to environmental claims, answering numerous coverage questions in the policyholder's favor (Southern Natural Gas Co. v. Certain Underwriters at Lloyd's London, et al., No. CV 01-6388 [ER], Ala. Cir., 10th Dist.).
LawFlash/Client Alert | Litigation LawFlash
Litigation
On April 8, 2005, the New York State attorney general, the New York insurance superintendent and the attorney general of Minnesota announced a settlement in connection with their brokerage misconduct investigation of Wi... more
LawFlash/Client Alert | Litigation LawFlash
Litigation
On February 18, the Judicial Panel on Multidistrict Litigation issued an order consolidating the insurance brokerage misconduct and antitrust cases pending against Marsh & McLennan and others in federal district cou... more
LawFlash/Client Alert | Litigation LawFlash
Litigation
On February 9, 2005, Marsh & McLennan (“Marsh”) conducted a client conference call moderated by its top management concerning its January 31, 2005 settlement with New York Attorney General Eliot Spitzer. more
LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery
On January 31, 2005, the New York State Attorney General announced that Marsh & McLennan (“Marsh”) has entered into a settlement resolving the New York State Attorney General’s bid-rigging and conflict of interest l... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Southern Natural Gas Company, in an action in which it sought insurance coverage for historic environmental damages successfully opposed six dispositive motions brought by Certain Underwriters at Lloyds, London and Cert... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
The U.S. District Court for the Central District of California ruled in favor of Western and addressed whether there was a conflict between New York and California law on the issue of late notice of a lawsuit. ... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On December 9, the world’s largest commercial insurance broker, Marsh & McLennan (Marsh), conducted a client conference call moderated by its top management. This LawFlash contains a brief summary of the Ma... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On August 16, 2004, Judge Robert Dondero of the San Francisco Superior Court entered a judgment, based on the Stipulation of the parties, establishing liability and damages for a "bellweather" trial site against Employe... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
REMINDER: The last day to file a proof of claim form in The Bermuda Fire & Marine Insurance Company Limited’s liquidation proceedings is September 29, 2004.
Claim forms are available at more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
In a case that pitted competing summary adjudication motions on the issue of whether Kraft Foods North America Inc. (Kraft) had insurance rights under certain policies issued to P.R. Mallory & Co. (Mall... more
Outside Publications | Article
Renier Pierantoni
When can a carrier deny coverage without showing prejudice based on a policyholder’s failure to provide timely notice of a claim? In New York, for decades the answer has been "always". New York’s highest court,... more
Outside Publications | Article
Kevin Dreher
Presentation | Speech
John Shugrue,
Kevin Dreher
Presentation | Speech
Jason Komorsky,
Michel Horton,
Lisa Campisi
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Litigation lawyers in Philadelphia and Chicago teamed up to secure a significant victory for firm client, Tribune Company, when the Pennsylvania Commonwealth Court dismissed a declaratory judgment action filed by the Liquidator... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
The Insurance Recovery Practice Group, following a trial in New Jersey Superior Court, recently obtained a judgment from the Court that our client Federal Pacific Electric Company was entitled to insurance coverage for claims brought against it by the United States EPA in connection with the South Plainfield Superfund Site. The EPA has estimated that cleanup costs at that Site will easily exceed $100 million.
Presentation | Speech
Christopher Loeber
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Corporate owned life insurance (COLI) has long been a staple of American business. It is a risk management and investment tool under which a corporate employer is the policyholder, premium payer, and beneficiar... more
Book | Article
David Weiss,
Amanda Smith
David Weiss, Amanda Smith, and Jennifer Shoda discuss the state of California insurance law and whether it is becoming more favorable to policyholders in the upcoming 2004 Morgan Lewis Environmental Deskbook.
Book | Article
Eric Rothenberg and Tom Freeman discuss the role of insurance assets in business transactions in the 2004 Morgan Lewis Environmental Deskbook.
Outside Publications | Article
Kevin Dreher
LawFlash/Client Alert | Antitrust LawFlash
Litigation
This is a reminder to our clients that the cost of defending Sherman Act antitrust claims, as well as any resulting damage awards, may be covered under your general liability insurance policies. Allegations of ... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Creditors voted in favor of the early closure of KWELM setting the stage for creditors to recieve $1.3 billion in distribution far earlier than originally planned. The early CLSUE proposals anticipate a subtant... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
A Bankruptcy Court in Oakland, California issued a Confirmation Order approving settlements with Hartford Insurance Company for just over $1.15 billion, and with United States Fidelity & Guaranty Co. ("USF&G") f... more
LawFlash/Client Alert | Insurance Recovery Latest News
Jason Komorsky
An Indiana federal district court judge rejected a forum non-conveniens motion filed by certain insurance companies against Somerset Oil Company. Somerset initiated an environmental coverage action in the... more
LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery
The deadline for filing proofs of claim against Reliance Insurance Company (In Liquidation) and its affiliates (“Reliance”) with the Reliance Liquidator in Pennsylvania is December 31, 2003. Any claims for cove... more
Outside Publications | Article
Jeffrey Raskin
Jeff Raskin discusses how Policyholders may be able to obtain an antisuit injunction to prevent insurers from pursuing litigation in a less favorable forum.
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On November 6, 2003, a district court judge in Austin, Texas placed Highlands Insurance Company into receivership. Pursuant to an Agreed Permanent Injunction and Order Appointing Receiver, Highlands and the Sta... more
LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery
On September 16, 2003, the New York State Senate approved legislation to create the state’s first statutory brownfields program and to refinance the state’s Superfund, which has been bankrupt since March 2001. ... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On August 14, 2003, the California Supreme Court issued its decision in Mackinnon v. Truck Ins. Exchange , finding insurance coverage for a bodily injury claim arising from the negligent spraying of pesticides and ... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On August 1, 2003, Judge Judith C. Chirlin entered judgment in favor of the firm's client, Fuller-Austin Insulation Company, and against the remaining non-settling defendants based on the Court's two prior legal phase r... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Morgan Lewis lawyers obtained a ruling entitling American Airlines to proceed directly against the reinsurers of American’s insolvent primary insurer to recover September 11 claims estimated to be in excess of $100 mill... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On June 19, 2003, the Supreme Court of the State of New York, New York County rejected a motion to dismiss brought by Lexington Insurance Company (Lexington) and United States Fidelity & Guaranty Insurance Company (... more
Outside Publications | Article
Jason Komorsky,
Michel Horton
May 13, 2003, Insurers Must Pay $189 Million Now For Asbestos Liabilities; A California jury on May 2 rendered a verdict in Fuller-Austin Insulation Co.·s insurance coverage action, finding that the company·s present liability for asbestos claims nears $1 billion, almost $200 million of which must be paid now by remaining defendant insurers (Fuller-Austin Insulation Co. v. Fireman·s Fund Insurance Co., et al.
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On November 18, 2002, the San Francisco Superior Court granted judgment in favor of Kimberly-Clark Corporation and ordered OneBeacon Insurance Company to provide a complete and full defense to Kimberly-Clark Corporation... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Zenith Electronics Corporation prevailed in its efforts to halt the attempt of the Kemper companies to interfere with Zenith's comprehensive insurance recovery action in Zenith's chosen forum of Indiana. Kemper... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On November 4, 2002, Judge Audrey B. Collins ruled in favor of Inamed Corporation on a motion filed by one of its insurance companies seeking to dispose of $20,000,000 worth of insurance coverage to pay for breast impla... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Highland Tank represents a nationwide class of business that purchased dividend workers' compensation policies from Cigna Property and Casualty Company Ace Ltd. in 1999, succeeding to the workers' compensation divi... more
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
Southern Natural Gas Company (Sonat), a wholly-owned subsidiary of El Paso Corporation (NYSE:ENE), has prevailed in its "forum fight" with Lloyd's and the London Market Insurers.
On August 21, 2002, th... more
Outside Publications | Article
Michel Horton,
Paul Zevnik
Outside Publications | Article
Jason Komorsky
On November 14, 2002, a unanimous California Supreme Court affirmed an appellate court·s ruling allowing a policyholder to proceed with a suit against its insurance carrier alleging that a setoff claim triggers the insurance carrier·s duty to defend and indemnify under a general liability insurance policy. Construction Protective Services Inc. v. TIG Specialty Insurance Co., Case No. S099647 (Calif. Sup. November 14, 2002). In a carefully worded decision crafted by Justice Brown, the Supreme Court agreed with the appellate court·s ruling overturning the trial court·s sustaining of the insurer·s demurrer but, at the same time, rejected the appellate court·s reasoning that a setoff claim under Section 431.70 of the California Code of Civil Procedure constituted affirmative relief.
Outside Publications | Article
David Cox,
Jason Komorsky
In a much anticipated decision, the California appellate court issued its second Powerine ruling. Its first ruling (Powerine I), affirmed by the California Supreme Court, found no coverage for administrative actions under comprehensive general liability primary policies. However, in Powerine II, its most recent look at this issue, the same California appellate court found that umbrella policies did provide coverage for administrative actions. David S. Cox and Jason B. Komorsky the Los Angeles office take a look at Powerine II and detail how the Powerine II decision is consistent with Powerine I and, more importantly, consistent with the policy language before the appellate court.
LawFlash/Client Alert | Insurance Recovery Latest News
Insurance Recovery
On January 23, 2002, Judge Victoria Chaney issued a long-anticipated ruling on whether the law of California, or the law of Illinois, would apply to certain exhaustion issues that she plans to adjudicate in the action e... more
Outside Publications | Article
Jeffrey Raskin
On August 19, 2002, the California Supreme Court issued its ruling in Dart Industries, Inc. v. Commercial Union Insurance Co., Case No. S086518 (August 19, 2002), a pro-policyholder decision on proving lost policies. The court held that proof of the "actual" policy language was not necessary. Instead, when an insurance policy is lost or was destroyed without fraudulent intent, the policyholder simply "has the burden of proving (1) the fact that he or she was insured under he lost policy during the period at issue, and (2) the substance of each policy provision essential to the claim for relief, i.e., essential to the particular coverage that the insured claims."
Outside Publications | Article
Renier Pierantoni
In an apparent departure from New Jersey's legacy of pro-policyholder jurisprudence, a New Jersey appellate court recently extended the exclusionary reaches of the so-called "absolute pollution exclusion" found in comprehensive general liability (CGL) policies to non-environmental claims. The case, Leo Haus, Inc. v. Selective Insurance, 2002 WL 1445386 (N.J. Super. A.D. July 5, 2002), involved a dispute between the insured, who was a homebuilder, and its insurance carrier over coverage for carbon monoxide poisoning against the insured due to the discharge of carbon monoxide from an allegedly defective heating unit installed by the insured.
Outside Publications | Article
Renier Pierantoni
Keeping with its tradition as a pro-policyholder state, New Jersey·s appellate court recently took away one of the tools the insurance industry has used to chip away at the very coverage carriers promised would provide comprehensive relief for a broad variety of risks and liabilities (i.e., comprehensive general liability insurance, or ·CGL· insurance). In its ruling, the appellate court found that coverage under occurrence-based and claims-made policies for continuous and progressive damage or injuries should be allocated so as to maximize coverage for covered risks. In so doing, New Jersey has reminded insurers that they must live up to the terms of their insuring agreements with their insureds by providing comprehensive coverage for those risks.
Presentation | Speech
Michel Horton
Presentation | Speech
Michel Horton
Mealey’s Asbestos & Mold Insurance Conference
The Ritz-Carlton Hotel, Philadelphia
March 14-15, 2002
The Ritz-Carlton Hotel, Marina del Rey (Los Angeles)
April 18-19, 2002
Outside Publications | Article
Lisa Campisi
Published in the February 2002 issue of Mealey's. The article discusses a new class of asbestos litigation defendants, including family-owned businesses.
Outside Publications | Article
Kevin Dreher
Outside Publications | Article
Lisa Campisi
Article appeared in the October 2001 issue of the New Jersey Lawyer magazine.
Presentation | Speech
Jason Komorsky,
Michel Horton
Michel Y. Horton spoke on ''Recent Asbestos Bankruptcy Developments" at the Mealey's California Insurance Conference held in Pasadena, California on June 21-22, 2001. At the conference, Mr. Horton and Jason Komorsky, also of the Los Angeles office, presented a paper on bankruptcy issues.
Outside Publications | Article
David Cox,
Michel Horton
Powerine I: Strategic Responses to California Supreme Court Decision Holding that environmental liabilities imposed by administrative agencies are not covered under standard primary policies are discussed.
Outside Publications | Article
Daniel Struck
Municipalities are turning damaged property into insurance assets. Finacing remediation of environmentally-damaged property Insurance is key to fiscally feasible brownfields development The city of Denver was able to take advantage of the pool of insurance money available to several generators of hazardous waste whose wastes were disposed of in the Lowry Landfill, one of the largest landfills in the country.
Outside Publications | Article
Jeffrey Raskin
Outside Publications | Article
Jeffrey Raskin
Published in the Los Angeles Lawyer magazine. Electronic mail has become the telephone of the contemporary office. The availability of electronic mail communications can have important litigation consequences. While most people know that hard copies of electronic messages are subject to discovery, many are unaware that the electronic versions are rarely, if ever, produced in response to a discovery demand.