National Insurance Law Forum

This blawg is intended to facilitate discussion and an exchange of ideas and information among insurance industry professionals, risk managers, attorneys, policyholders, students, and others with an interest in the development of American insurance law.

Author: Michael F. Aylward is a senior partner at the Boston office of Morrison Mahoney; Christopher W. Martin is a partner in the Houston office of Martin, Disiere, Jefferson & Wisdom; Kevin T. Merriman is counsel at Ward, Norris Heller & Reidy in Rochester, N.Y.; Diane Polscer is managing partner of Gordon & Polscer in Portland, Ore.; Sara M. Thorpe is a partner at Gordon & Rees' San Francisco office.

Blawg Related Categories: Insurance Law • Partner

Recent Posts from National Insurance Law Forum

Ninth Circuit Addresses the Meaning of "Ice" in an All Risk Property Insurance Policy
In Terminal Freezers Inc. v. U.S. Fire Ins., 2009 U.S. App. LEXIS 20321, an unpublished opinion issued on September 11, 2009, the Ninth Circuit Court of Appeals employed Washington law to examine the meaning of…
No Coverage Under Fungus Endorsement Where Cause of Loss is Excluded
In Marsh v. American Family Mut. Ins. Co., ___ Or. App. ___, (2009), an opinion issued on October 14, 2009, the Oregon Court of Appeals reversed the judgment of the trial court and held that…
Federal Judge Nukes Insurer On Duty to Defend Standard
A new federal district court opinion in Massachusetts has taken a curious twist on conventional rules governing the duty to defend. Massachusetts, like most states, imposes a duty to defend where the underlying claims present…
To Stay or Not to Stay
When an insurer contemplates the pros and cons of filing a declaratory relief action to determine a coverage issue, one important factor is whether the action is likely to be stayed until conclusion of the…
Oregon District Court Finds No Coverage to Remove and Replace an Insured's Defective Work
In Shilo Inn, Seaside Oceanfront, LLC v. Grant, et al., 2009 U.S. Dist. LEXIS 75255 (D. Or. Aug. 24, 2009), the District Court of Oregon granted summary judgment to an insurer, ruling that an exclusion…
Washington's Supreme Court Overturns Law Requiring Plaintiffs to File a Certificate of Merit in All Medical Malpractice Lawsuits
In an opinion issued on September 17, 2009, the Washington Supreme Court struck down RCW 7.70.150, a law that requires plaintiffs to file a certificate of merit with regard to all medical malpractice lawsuits. In…
The Washington District Court finds that the "Efficient Proximate Cause" Doctrine does not Automatically Trump Mold Exclusions when Mold is not the Efficient Proximate Cause of the Loss
In AXIS Surplus Ins. Co., et. al v. Intracorp Real Estate, LLC, et. al., the Washington District Court, Judge Coughenour, recently ruled in favor of the Insurers on the application of Mold Exclusions irrespective of…
California Court: Insurer Objectively Reasonable in Reversing Course on Coverage Where No Clear Precedent and Insured Not Damaged
California appellate court opinions on insurance coverage matters are very often lengthy, but rarely entertaining. Here is a long but well-written one that it is not only intellectually well-done, but humorous in the delivery. And, the…
Issue of Enforceability of a Release at a UM Arbitration Makes Insurer Ineligible for the Statutory Attorney Fee "Safe Harbor" Provision
In an opinion issued on August 19, 2009, the Oregon Court of Appeals addressed the issue of whether a dispute concerning the enforceability of a release is an issue that relates only to “damages.” In…
Oregon District Court Addresses the Meaning of "Condominium" in a CGL Policy
In Bridgetown Condominium Homeowner’s Assn. v. Granite State Ins. Co., 2009 U.S. Dist. LEXIS 51568, Judge Anna Brown of the Oregon District Court recently examined the meaning of the undefined term “condominium” within the meaning…