National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: News

Washington’s Insurance Fair Conduct Act Does Not Create a Cause of Action for Regulatory Violations

Posted in Auto Liability Coverage, Liability Coverage, News, Recent Cases, Uncategorized
Today, in Isidoro Perez-Crisantos v. State Farm Fire & Casualty Company, the Washington Supreme Court held the Insurance Fair Conduct Act (IFCA) did not “create[] a new and independent private cause of action for violation” of  the Washington Administrative Code (WAC) “in the absence of any unreasonable denial of coverage or benefits.” This case arose… Continue Reading

FountainCourt

Posted in Liability Coverage, News, Recent Cases
The Oregon Supreme Court held yesterday that an insurer may be liable for a full jury award for property damages against its insured if the insurer fails to refute the insured’s factual position that it was impossible to determine what portion of the damage occurred during the policy period, if some damage took place during… Continue Reading

More Tripartite Trouble In Big Sky Country?

Posted in News
Fourteen years ago, the Montana Supreme Court heard a legal challenge that defense lawyers had brought against efforts by insurers to impose greater controls over case handling and billing.  The resulting decision in In Re Rules of Professional Conduct 2 P.3d 806 (Mont. 2000) put Montana at the forefront of the tripartite wars that were raging at… Continue Reading

Extrinsic Evidence and the Duty to Defend

Posted in News
When does an insurer have a duty - or not - to defend an insured, and what facts can be used to make this determination? These are two of the most common, yet challenging questions faced by insurers. To help clarify the issue, the topic of today's post is the use of extrinsic evidence for purposes of determining the duty to defend in Oregon. As part of our discussion, we address the use of extrinsic evidence endorsements and their potential utility.… Continue Reading

The Most Important Coverage Rulings of 2013: Part I

Posted in News
 2013 was a year of triumph and tragedy for insurers. Positive financial results and the absence of domestic natural catastrophes such as Superstorm Sandy help to buoy the bottom line while the Marathon bombings in Boston and growing data concerning global warming raised the spectre of future uncertainty in underwriting risk. Disputes over the scope… Continue Reading

Women In Insurance Networking Event: October 15 (Chicago)

Posted in News
There’s a great event going on in Chicago next month that I’m not invited to.   I’m ok with that because a bunch of friends are organizing it and I might stick out like a sore thumb. The second annual Women in Insurance (WIN) Networking CLE Workshop, sponsored by the Insurance Coverage Litigation Committee of the… Continue Reading

NY Legislature Passes Bill Regulating Insurance Certificates

Posted in News
Recently passed legislation, if signed by New York’s governor, will regulate the use of insurance certificates in New York. A top legislative priority for the Independent Insurance Agents & Brokers of New York, Inc., the bill would, among other things, clarify that insurance certificates don’t alter the scope of coverage provided by insurance policies, and would… Continue Reading

ALI Principles Would Change How Ambiguity Affects Coverage

Posted in News
Mike Aylward:   Chapter One of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance says some very interesting things about how insurance contracts should be interpreted and, in particular, what role ambiguity should play in creating coverage.   Section 3 states that insurance terms are to be interpreted in accordance with their… Continue Reading

The ALI Principles: Why You Should Care

Posted in News
  Michael Aylward: So the American Law Institute has approved Sections 1 through 15 of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance.   Why should we or our clients care? Chris Martin:   The ALI Principles presented an exceptional opportunity to articulate legal standards to guide U.S. courts through the rapidly changing… Continue Reading

ALI Adopts Tentative Draft No. 1

Posted in News
The American Law Institute voted yesterday to adopt most of Chapters One and Two of the proposed Principles of the Law of Liability Insurance.   Although the spirited debate concerning some of these provisions prevented the ALI from considering Section 16-23 of Tentative Draft No. 1, the ALI did approve those portions of the draft dealing with principles… Continue Reading

The ALI Principles: Amendments

Posted in News
With the American Law Institute set to vote Monday afternoon on the first 23 sections of The Principles of the Law of Liablity Insurance, SNR Denton’s Bill Barker has circulated a draft amendment to Section 7 that would only allow insurers to rescind policies if an insured’s material misrepresentation was either intentional or reckless.   As… Continue Reading

ALI Principles: The Debate Begins

Posted in News
The American Law Institute will be considering Tentative Draft No. 1 of the Principles of the Law of Liability Insurance from 2 to 5 p.m. next Monday at its annual meeting in Washington, D.C.   As previously reported, this draft encompasses Chapters One and Two of the Principles, encompassing a wide-ranging series of topics concerning policy interpretation,… Continue Reading

Massachusetts Insurance Appellate Update

Posted in News
  The Supreme Judicial Court of Massachusetts heard oral argument this week in three interesting insurance coverage disputes.   Rulings are likely by Labor Day. On Tuesday, a policyholder argued in Golchin v. Liberty Mut. Ins. Co., SJC-11305 that a Worcester Superior Court judge erred in granting Liberty Mutual’s motion for judgment on the pleadings on… Continue Reading

LCA Forms New Insurance Law Institute

Posted in News
Diane Polscer and I are excited to announce formation of the Insurance Litigation Institute of America, an institute of the Litigation Counsel of America. Founded with colleagues Julia Molander and Stacy Broman, ILIA is a nationwide, but limited, network of highly skilled and experienced insurer and policyholder counsel that will offer programs and publications addressing critical… Continue Reading

Having A Heart

Posted in News
Imagine my surprise, all prior reports to the contrary, to learn last week that I have a heart?  In the course of a day long battery of tests courtesy of a medical study that I’d volunteered for, an EKG revealed a sonogram of my heart, beating away to beat the band.  Hearts had been on display in… Continue Reading

A Close Shave

Posted in News
After thirty years in this business, there are a few colleagues who have both earned my respect and still have a full head of hair that they can call their own.  One is Michael Blair of Gen Re, who has now agreed to shave his head to raise funds for the St. Baldrick’s Foundation for childhood cancer… Continue Reading

Forum Selected as LexisNexis Top 50 Insurance Blog for 2011

Posted in News
We’re pleased to learn that the National Insurance Law Forum has been selected as a Top Insurance Blog for 2011 by the LexisNexis Insurance Law Community.  Many thanks to LexisNexis staff, the Insurance Law Community’s Advisory Board and our readers for your continued interest in our blog.  A complete list of Top Inusrance Blogs for 2011 can be found… Continue Reading

Forum Nominated for LexisNexis Top 50

Posted in News
The National Insurance Law Forum is pleased to have been nominated for inclusion in the LexisNexis Top 50 Insurance Law Blogs of 2011.  If you’d like to show your support for our blog, please conisder providing your comments here by Friday, October 7.  Thanks for your many years of interest and support!… Continue Reading