Exceptionally Navigating Abstention: Northern District of Illinois Applies the Colorado River Doctrine to Stay Arbitration

An insurer and a policyholder entered into an agreement, or didn’t they? Either way, the Northern District of Illinois doesn’t have to decide because “exceptional circumstances” triggered the Colorado River abstention doctrine, allowing the court to stay the case asking it to determine whether the agreement existed. A policyholder and one of its insurers began having disputes about who had to provide coverage for certain claims. As a result of those disputes, the policyholder and the insurer allegedly entered into
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Pennsylvania Federal Court Sets Standards for Burden of Proof in Rescission Matter

The ongoing coverage litigation between H.J. Heinz Company and Starr Surplus Lines Insurance Company in the U.S. District Court for the Western District of Pennsylvania has yielded another important decision that is instructive in rescission matters.  As a follow up to our previous report on October 22, 2015 on the court’s order that Starr must produce information from its underwriting files involving other policyholders, the court has now set guidelines for the burden of proof and jury instructions in the
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Pennsylvania Federal Judge Orders an Insurer to Produce Information from Underwriting Files Involving Other Policyholders in a Rescission Dispute

Discovery disputes in insurance coverage litigation frequently concern whether an insurer must produce information about policies issued to other policyholders or other claims against the insurer involving similar policies or circumstances. Policyholders often seek such discovery to compare the insurer’s position in the disputed claim with positions it may have taken in other claims or under other policies. Insurers typically resist such discovery as being irrelevant to issues involving the particular policy or claim at issue in the litigation. A
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NAIC and CSIS Host Cyber Risk Conference

This post first appeared on Goldberg Segalla’s Data Privacy & Security blog. On September 10, 2015, the National Association of Insurance Commissioners (NAIC) and the Center for Strategic and International Studies (CSIS) hosted a conference entitled “Managing Cyber Risk and the Role of Insurance.” Over three hundred individuals attended, including more than 30 insurance regulators, senior representatives from the U.S. Departments of Treasury and Homeland Security, and representatives from the private sector. The primary focus of the conference was to explore
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Insurers Not Liable To Third-Party Beneficiaries to a Homeowners’ Insurance Policy for Property Damage as a Result of Migration of Oil

The New Jersey Supreme Court considered whether the plaintiffs’ claims for private nuisance and trespass, in an action for damages resulting from the migration of heating oil from an underground storage tank on a neighboring property, were properly dismissed in Ross v. Lowitz, et al., No. A-101-13 (N.J. Aug. 6, 2015). In the same matter, however, the court also considered whether the plaintiffs could maintain claims as third-party beneficiaries against the insurers that provided homeowners’ coverage to the former and
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Goldberg Segalla Adds N.C. Office, and Lawyers in Philly and London, to Meet Growing Global Insurance Industry Demand

Leading global law firm Goldberg Segalla today unveiled a series of significant moves that will continue to enhance the depth and range of services it offers its international client base. The firm announced that today it will open an office in North Carolina, signaling expansion into the Southeastern U.S., and that its Philadelphia office will be joined by a trio of prominent insurance coverage attorneys. Goldberg Segalla’s London office will also see the addition of a key legal representative of
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Goldberg Segalla’s Jonathan Schwartz to Chair DRI’s Insurance Coverage and Practice Symposium

The Insurance Law Committee’s Insurance Coverage and Practice Symposium (ICP) will take place on December 4-5 at the New York Marriott Marquis in New York City. The event will be chaired by Jonathan L. Schwartz of Goldberg Segalla’s Global Insurance Services Group. ICP features top-notch education for coverage attorneys and claims professionals, with sessions by an associate judge of the New York Court of Appeals, insurance industry leaders, and nationally renowned counsel. ICP also offers opportunities for networking with the hundreds of attorneys
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Former New York State Superintendent of Insurance, James J. Wrynn, joins Goldberg Segalla LLP as Partner

Goldberg Segalla LLP is pleased to announce James J. Wrynn will join the law firm March 5. He will run the firm’s New York office and will be a senior partner in its Global Insurance Services Practice Group. Mr. Wrynn served as the 40th and last Superintendent of Insurance in the State of New York until it merged with the New York State Department of Banking to form the new Department of Financial Services. He then served as the first
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Dan Gerber and Jeff Kingsley Discuss Emerging Reinsurance Trends at 2011 Monte Carlo Rendez-Vous

As attendees and presenters at the 2011 Reinsurance Rendez-Vous in Monte Carlo, the premier annual conference for the global reinsurance industry, Goldberg Segalla partners and Insurance and Reinsurance Report editors Daniel W. Gerber and Jeffrey L. Kingsley were at the forefront of discussions among key decision makers in the reinsurance community. Visit the Goldberg Segalla website for video interviews with Dan and Jeff on emerging reinsurance trends, recorded on the scene at the Monte Carlo Rendez-Vous.
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The Inside Scoop From the 2011 Inside FAC Monte Carlo Roundtable

Goldberg Segalla partners Dan Gerber and Jeff Kingsley joined top-level reinsurance industry representatives and thought leaders as participants in the Inside FAC Roundtable, held during the September 2011 Reinsurance Rendez-Vous in Monte Carlo. The discussion addressed numerous critical issues affecting reinsurers, cedants, underwriters and others today and into the future. Visit the Goldberg Segalla website for a full transcript of the Inside FAC Roundtable discussion.
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