Triggering excess coverage through underlying settlements
Here’s a fairly common circumstance in large commercial liability claims. A policyholder settles with the carrier in Layer 1 for less than its limits, leaving a gap between Layer 1 and the next layer...
View ArticleInsurance coverage for asbestos-related liabilities
Every once in a while, I wonder where the last 30 years have gone, and I think about all the cases and clients that we’ve handled during that time. A lot has changed since I started practicing law. In...
View ArticleBeware the differences between indemnity agreements and insurance policies
I used to know a guy who worked for a major, nationally known public adjustment company. In years where there were no major hurricanes or tornado incidents, he would literally walk around looking like...
View ArticleDemands for insurance policy limits in a serious liability case
Earlier this month, I was asked by Elizabeth Lorell, an excellent defense lawyer, to speak at a CLE conference sponsored by her law firm. (You can read Elizabeth’s bio here.) The audience consisted of...
View ArticleBeware the differences between indemnity agreements and insurance policies
I used to know a guy who worked for a major, nationally known public adjustment company. In years where there were no major hurricanes or tornado incidents, he would literally walk around looking like...
View ArticleDemands for insurance policy limits in a serious liability case
Earlier this month, I was asked by Elizabeth Lorell, an excellent defense lawyer, to speak at a CLE conference sponsored by her law firm. (You can read Elizabeth’s bio here.) The audience consisted of...
View ArticleWhen Insurance Companies Won’t Settle
I’ve been representing policyholders in insurance coverage litigation for 35 years, and I’m convinced that I’ll never understand the logic of insurance company claim departments. They settle cases that...
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