Insurance Coverage Lawyer Blog

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The latest news and trends relating to insurance litigation.

Author: Alan S. Rutkin is a partner at Rivkin Radler in New York, N.Y.

Blawg Related Categories: Insurance Law • Law Firm • Partner

Recent Posts from Insurance Coverage Lawyer Blog

NY TIMES REPORT ON SETTLEMENT STUDY
Much has been said about a study recently reported in the NY Times concluding that from the client's perspective, settlement is often more favorable than trial. I was surprised that there was no mention of what…
Supreme Court of Wisconsin Rejects Intentional Act Exclusion
Life can be tough for an insurer, particularly in Wisconsin. In a July 1, 2008 decision, the Supreme Court of Wisconsin refused to enforce an intentional ACTS exclusion where the insured intentionally built a home…
Criminal and Civil Overlap May Bar Coverage in Subprimes
Interesting to see a criminal suit being brought against people named in subprime civil suits. http://www.nytimes.com/2008/06/20/business/20bear.html?_r=1&hp&oref=slogin Dishonest conduct exclusions will surely be asserted in some of these subprime cases.
Consent to Settle Clause Enforced
Settling without the insurer's consent really can forfeit coverage. See the recent case from New York's highest court, Vigilant Ins. Co. v. Bear Stearns Cos., 10 NY3d 170 NY Mar. 13, 2008).
Pollution Exlcusion Applies to the Natural
My father the chemist taught me that "natural doesn't always mean good." The Minnesota Court of Appeals took a similar view to hold that the pollution exclusion applied to composting, even though composting is natural. …
Differences in Time and Space Create Multiple Occurrences
Add Kansas to the list of states recognizing that distances in time and space distinguish circumstances into multiple occurrences. American Family Mutual Ins. Co. v. Wilkins, No. 98, 2008 Kan. Sup. LEXIS 73 (Mar. 28, 2008).
Another Bear Stearns Suit
A very short class action complaint was filed in New York State Court, Kurtz v. Cayne. Defendants, Bear Stearns and a group of its directors, are alleged to have violated duties of "Candor" and "loyalty." See…
Bear Stearns Claims Implicate Fraud Exclusions
If you predicted that Bear Stearns officers and directors would be sued within “days” of the announced sale to J.P. Morgan you wildly underestimated this conflict. A suit was filed on March 17, 2008, the same…
Late Notice Lives in New York
Late notice lives as a significant coverage defense in New York. On March 11, 2008, the Appellate Division entered summary judgment on late notice grounds, reversing the trial court, and rejecting the policyholder’s position that the…
Carrier Not Bound By Statements to Reinsurer
Policyholders often seek discovery of carriers’ representations to reinsurers. The thinking is that if the carrier took a certain position with its reinsurers it must also take that position with its policyholders. Not so, says the United…