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05/05/10 Morgan Lewis Scores Victory for Plant Insulation
Today, a judge in San Francisco Superior Court ruled in favor of Morgan Lewis client Plant Insulation Company in the latest round of a multi-phased insurance recovery litigation.
02/07/08 Morgan Lewis Maximizes Insurance Recovery for Client PhotoMedex
Morgan Lewis achieved a significant choice of law victory for policyholder client PhotoMedex, maximizing its ability to recover defense costs.
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117 Publications Found
03/16/11 Businesses Globally Affected by the Japan Earthquake— What to Do Now to Preserve Insurance Coverage

LawFlash/Client Alert | Insurance Recovery LawFlash
Michel Horton

Although the human tragedy associated with Japan's catastrophe continues to be front of mind, and our thoughts and prayers continue to be with friends, colleagues, and business partners who may be personally affected by this dis... more

02/28/11 Policyholders Should Take Steps to Review Their D&O Policies and Take Other Steps to Increase the Potential for Coverage for Whistleblower Claims

LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton

On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), which includes new whistleblower protections-and resulting risk to policyholders. The Dodd-Fr... more

02/25/11 Insurer Found in Violation of State Consumer Protection Statute for Refusing to Pay Reasonable Defense Fees and Expenses

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

A recent decision of the Appeals Court of Massachusetts provides clear guidance as to the remedy afforded policyholders under the Massachusetts' Consumer Protection Statute, G.L. c. 93A, for an insurer's unwarranted refusal to p... more

01/25/11 Pennsylvania Court Finds Failure to Comply with Unfair Insurance Practices Act

LawFlash/Client Alert | Insurance Recovery LawFlash
Kevin Dreher

In George Grigos and Aramingo Diner, Inc. v. Certain Underwriters at Lloyds, London , Case No. 10-3684 (Common Pleas, Phila., Dec. 21, 2010), the Commonwealth Court of Pennsylvania ruled that an insurance company's failure to p... more

01/18/11 Supreme Court of Delaware Reforms Release of Duty to Defend Based on Mutual Mistake

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On January 5, in Clariant Corp. v. Harford Mut. Ins. Co. , 2011 WL 18351, the Supreme Court of Delaware ruled that even when a settlement and release of a party's duty to defend and/or indemnify is entirely unambiguous, courts ... more

01/04/11 Assignee of Bad-Faith Claim Can Proceed Against Insurer for Bad-Faith Failure to Settle

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The Colorado Supreme Court recently found that when a liability insurance company fails to fund a reasonable settlement within policy limits, the policyholder may settle the underlying lawsuit, assign its bad-faith claim to th... more

12/10/10 California Supreme Court Holds That Insurers May Be Required To Cover Administrative Actions

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In an important decision, the California Supreme Court held recently in Ameron Intern. Corp. v. Ins. Co. of the State of Pennsylvania (Ameron ) [1] that a subcontractor’s insurers wer... more

10/21/10 Food Industry Policy Alert

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Over the past several months, salmonella has been front-page news. According to published reports, as a result of the latest outbreak, more than 1,300 Americans have been infected with the bacteria after consuming contaminated ... more

10/14/10 Policyholder’s Litigation Costs Are Recoverable in Defending Against Excess Insurer’s Declaratory Relief Coverage Action

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On October 1, a New York appellate court held in RLI Ins. Co. v. Smiedala [1] that an insured who prevailed in a declaratory relief coverage action brought by its excess insurer could ... more

10/08/10 California Court of Appeals Limits Defenses Available to Insurers in Multiple-Insurer and Third-Party Coverage Cases

LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton

The California Court of Appeals for the First District recently issued an opinion that effectively limits the defenses available to insurers in multiple-insurer and third-party coverage cases. The court in Howard v. American N... more

09/28/10 Policyholders May Not Be Limited to Cumis “Insurer Rates” If Defense Costs Are Not Timely or Fully Paid

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

A recent California decision has held that an insurer may not take advantage of a California mechanism for forcing an attorney's fees arbitration on its insured [1] if the insurer breached i... more

09/13/10 State Supreme Court Finds Duty to Defend in Excess Policy

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In an opinion of interest to any company with excess liability coverage, the Wisconsin Supreme Court recently held in Johnson Controls, Inc. v. London Market [1] that an excess insurer has... more

08/25/10 Pennsylvania Supreme Court: General Liability Insurers Have No Right to “Recoup” Defense Costs from Their Insureds

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On August 17, a unanimous Pennsylvania Supreme Court handed down a decision important not only for Pennsylvania, but potentially for many other states as well. In American and Foreign Insurance Company v. Jerry's Sport Center,... more

08/23/10 California Appellate Court: Insurer Must Defend Insured In Alternative Dispute Resolution

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In an important decision, a California appellate court recently held in Clarendon American Insurance Co. v. StarNet Insurance Co . ( StarNet ) [1] that an insurer was required to defend i... more

07/22/10 Appellate Court Finds the Word "Claim" Ambiguous in Policy Requiring Payment of a "Per Claim Self-Insured Retention"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Insurance coverage lawsuits often involve disputes over whether an insurance policy is wrapped in "plain meaning" that can be discerned from its "four corners," or whether it contains "ambiguities" that need to be analyzed and e... more

07/20/10 Appeals Court Finds Even the Word “Insured” Can Be Ambiguous in a Directors and Officers Policy

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Corporate mergers and acquisitions often result in the creation of new companies, the disappearance of old companies, the transfer of stock between shareholders, and the creation of boards of directors to effectuate a transactio... more

05/18/10 California Court of Appeal Decision Increases Options for Many Policyholders to Maximize Coverage at Less Cost for Progressive Injury Losses

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The California Court of Appeal, Second Appellate District, recently issued a decision in Legacy Vulcan Corp. v. Superior Court of Los Angeles , 2010 WL 1730788 (Apr. 30, 2010), that makes it easier for policyholders to access c... more

04/12/10 Louisiana Court Denies Applicability of Policy Exclusions in “Chinese Drywall” Claims

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In a recent decision regarding insurance coverage for claims related to allegedly defective "Chinese drywall," a Louisiana court found that certain policy exclusions that have been routinely utilized by insurance companies as a ... more

03/29/10 U.S. District Court Issues First Reported Decision Regarding Coverage of Defective "Chinese Drywall"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The first reported decision on insurance coverage for policyholders facing claims and lawsuits arising from allegedly defective "Chinese drywall" was issued by the U.S. District Court in the Eastern District of Virginia on March... more

06/04/09 D&O Liability Insurance Update: Current Issues and Trends, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

03/27/09 California Supreme Court Clarifies "Pollution Exclusion," Finds Coverage for Mitigation Activities, and Reaffirms Doctrine of "Concurrent Causation"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Earlier this month in a sweeping victory for policyholders, the California Supreme Court unanimously clarified several important issues on insurance coverage for environmental liabilities. State of California v. Allstate Insuran... more

03/10/09 Pennsylvania Supreme Court Determines that Preliquidation Payments Made to Policyholders Do Not Constitute Voidable Preferences Under the Pennsylvania Insurance Liquidation Statute

LawFlash/Client Alert | Insurance Recovery LawFlash
Jason Komorsky, David Harbaugh

On February 23, the Supreme Court of Pennsylvania ruled on an important insurance coverage question—one that has been addressed infrequently by courts throughout the country: Can the liquidator of an insolvent insurance c... more

Winter 2009 Separating the Nuts from the Bolts: Insurance Coverage for Products Liabiliy Claims Alleging Property Damage, The John Liner Review, Vol. 22, No. 4

Outside Publication | Article
Kevin Dreher

09/17/08 Companies Affected by Hurricane Ike Should Act Promptly to Protect Their Rights to Insurance Coverage

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 ensure that the... more

08/05/08 Amendment to New York Insurance Law Requires Insurers to Prove Prejudice in Order to Deny Coverage for Late Notice

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 of New York&rsquo... more