Lloyd’s enforcement board publishes Notice of censure for Ark Syndicate Management (ASM) employees

A  recent Lloyd's Market Bulletin explains the facts surrounding censure of three person who, while moving to the employment of a competitor, breached of their obligations to their previous employer. Click here for the report. By Daniel W. Gerber and Jeffrey L. Kingsley http://www.goldbergsegalla.com/attorneys/Gerber.html http://www.goldbergsegalla.com/attorneys/Kingsley.html
Continue reading...

District Court Rejects Reinsurers’ Request to Change Venue

TIG Insurance Co. v. Century Indemnity Co. et al (Southern District of New York, June 4, 2009)   Philadelphia-based reinsurers submitted a motion to change the venue of a reinsurance dispute from the Southern District of New York to the Eastern District of Pennsylvania.  The reinsurers argued that pursuant to 28 U.S.C. §1404(a) Philadelphia would be a more convenient forum for themselves and for party and non-party witnesses.  Moreover, they argued that the locus of operative facts is in Philadelphia
Continue reading...

District Court Determined That Product Defects Attributed to Manufacturer Were Not “Occurrences” Under Excess Policies

National Union Fire Insurance Co. of Pittsburgh PA.v. Gerling America Ins. Co.et. al. (United States District Court, Middle District of North Carolina, June 2, 2009) This declaratory judgment action involved a declaration of the insurance obligation of various insurers in connection with underlying lawsuits alleging defects in impact-resistant window resins that the policyholder produced for various window and door manufacturers.  Specifically, National Union filed this action seeking a determination that it did not owe coverage under its umbrella policies on
Continue reading...

Second Circuit Says Two Year Statute of Limitation Language in Policy Enforceable

O&E Growers, Inc. v. Selective Ins. Co. of America U.S. Ct. of App. (2nd Circuit, June 1, 2009)    Insurance policy’s two year statute of limitation period barred claim brought six years after the loss, not from the date of jury verdict.   Click here for decision   By Sharon Angelino http://www.goldbergsegalla.com/attorneys/Angelino.html
Continue reading...

TIMELINESS OF NOTICE AND/OR DISCLAIMER – Issues of fact existed regarding insured’s reasonable belief in non-liability.

Preferred Mutual Ins. Co. v. New York Fire-Shield, Inc. N.Y.A.D. (3d Dept., June 4, 2009) Manufacturer was aware its fire-retardant spray was used on a product worm by two Marines when they suffered severe burns, but failed to provide notice to its insurer for two years.  The appellate court found issues of fact existed regarding insured’s reasonable belief in non-liability and should be resolved by a jury.   Click here for decision.   By Kimberly E. Whistler and Joseph A.Olivia  
Continue reading...

Disability insurer had no obligation to provide further disability benefits where participant breached the policy.

Paul Revere Life Ins. Co. v. Cahn U.S. Ct. of App. (2nd Circuit, June 2, 2009) The participant’s willful failure to provide insurer relevant information related to the first-party benefits claim breached the policy conditions, justifying the insurer’s disclaimer.   Click here for the decision   By Daniel W. Gerber and Kimberly Whistler   http://www.goldbergsegalla.com/attorneys/Gerber.html http://www.goldbergsegalla.com/attorneys/Whistler.html
Continue reading...

The Growing Potential Of Green Building Coverage Claims

Everyone is going green. The problem is who will pay for failures to meet complaince with new green building standards? The authors examine the potential scenarios that may arise and the potential for insurance coverage related issues. Please click here for the full article: Click here to download article By Daniel W. Gerber and Brian R. Biggie http://www.goldbergsegalla.com/attorneys/Gerber.html http://www.goldbergsegalla.com/attorneys/Biggie.html
Continue reading...

Chinese Drywall Insurance Coverage Litigation Begins

As claims mount and federal and state agencies have begun a quest to determine who is responsible for the Chinese drywall fiasco, insurance disputes regarding coverage for the claims are beginning to make their way through the courts. In March 2009, the first complaint regarding homeowner’s insurance for drywall claims was filed.  Two Florida policyholders sued their homeowners’ insurer, seeking coverage for property damage resulting from Chinese drywall in their home.  See Baker v. American Home Assurance Company, filed in
Continue reading...

Seventh Circuit Rules Policyholder not Entitled to Coverage for Counsel Chosen Without Insurer Approval

National Cas. Co. v. Forge Industrial Staffing Inc. (7th Cir. [ Ill.] June 3, 2009) A policyholder declined to accept insurer-appointed counsel to defend it against claims before the Equal Opportunity Employment Commission because it was fearful that the insurer would control the defense in such a way that would preclude coverage.  The court held that the underlying claims were not mutually exclusive, one of which would be covered and one of which would not be covered.  As such, appointment
Continue reading...

GS Insurance CaseWatch – Bi-Weekly Update of Recent Appellate Insurance Decisions in U.S.

Update of All New Coverage Decisions in U.S.for June 8, 2009 CaseWatch: Insurance is free and provides timely summaries of and access to insurance law decisions from all the appellate courts of the United States. It is distributed bi-weekly. For ease of reference, CaseWatch is organized by topic. Jurisdictional information and links to full text decisions, where available, are found in individual case titles. Click here to download CaseWatch   By Daniel W. Gerber http://www.goldbergsegalla.com/attorneys/Gerber.html
Continue reading...