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PENNSYLVANIA HIGH COURT EXPANDS CIRCUMSTANCES UNDER WHICH INSUREDS MAY SETTLE...
Liability policies often contain a “cooperation clause” pursuant to which an insurer who has agreed to defend an insured from an underlying lawsuit purports to have the right to approve any settlement...
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LANDMARK CALIFORNIA SUPREME COURT DECISION EXPANDS CIRCUMSTANCES UNDER WHICH...
Third party liability insurance policies often contain “consent to assignment” clauses which purport to bar insureds from assigning policies without insurer consent. In the case of Henkel Corp. v....
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Don’t Forget About Pre-Judgment Interest on Wrongfully Withheld Policy Benefits
Has your insurer informed you that belated payment of policy benefits somehow “cures” any prior delay and insulates the insurer from any further liability? Don’t believe it. In fact, under...
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California Court of Appeal Determines that Excess Insurer May Sue Primary...
Insureds often have excess liability insurance policies to cover losses that exceed the limits of underlying primary insurance policies. Issues often arise, however, where a primary insurer refuses...
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Franchisors: Don’t Forget About Insurance for Joint Employer Liability Claims
By Matthew B. Gruenberg and Matthew B. O’Hanlon Separate and apart from creating a brand and an offering that consumers enjoy, franchisors face everyday issues such as complex schemes that restrict...
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Check Your Policy When an Insurer Says a Self-Insured Retention Applies to...
Has your insurer informed you that, notwithstanding its duty to defend you under a third-party liability policy, it won’t start defending until and unless you satisfy a self-insured retention of a...
View ArticleClock Keeps Running on Insurers’ Good Faith and Fair Dealing Obligations in...
Imagine this: Your insurer denied coverage, forcing you to file a lawsuit to secure policy benefits. The insurer retains litigation counsel and begins engaging in unreasonable litigation conduct to...
View ArticleIt’s Not Over Until It’s Over: An Insurer’s Continuing Duty To Defend After...
Imagine this scenario: you are a California policyholder and have been sued in a lawsuit alleging one covered claim and multiple non-covered claims. Your insurer, applying California insurance law,...
View ArticleDon’t Accept Policy Exclusions at Face Value, Especially in California
We’ve recently discussed the nuances of an insurer’s continuing duty to defend under California law in a “mixed” lawsuit alleging both covered and non-covered claims after the dismissal of the covered...
View ArticleDoes Insurance Cover California Employers for Intentional Acts of Employee...
For reasons unknown, your employee has attacked a customer with a weapon, causing grievous bodily injury. Now, you as the employer have been sued in a personal injury lawsuit. The theory is that you...
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