LawFlash/Client Alert | Insurance Recovery LawFlash
Richard Pearl, Paul Zevnik, Michel Horton
Utah's highest court rejects an insurance company's attempt to use the equitable doctrines of unjust enrichment and restitution to recoup an above-limits settlement payment made by the insurer in settlement of an underlying claim, holding that recoupment is only available if explicitly provided for in the insurance contract.
Outside Publication | Article
Christopher Loeber
Outside Publication | Article
Kevin Dreher, Paul Zevnik, Michel Horton
The purpose of this article is to remind individual and corporate policyholders of the protection available under D&O liability insurance and to highlight five issues that should be at the forefront of the minds of risk manage... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Kevin Dreher, Paul Zevnik, Michel Horton
As the year comes to an end, many companies, along with their officers and board members, are considering renewals for directors and officers (D&O) insurance coverage. The coverage offered under various D&O policies var... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton
On October 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering, at a... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton
The New York Court of Appeals decision on April 5, in the Midland Insurance Company liquidation ( In re Liquidation of Midland Insurance Company[1] ) is an important affirmation of policyho... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton
The Texas Supreme Court recently ruled that a liability insurer's duty to indemnify its insured for settlements or judgments is determined by the evidence, not merely the pleadings, and may be invoked even when the duty to defen... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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