Burke Coleman is Legal Counsel and Compliance Manager for Demotech, Inc. Burke can be contacted at bcoleman@demotech.com. This article is for informational purposes only, is not intended as legal advice, and is not a substitute for independent legal analysis and advice on a particular issue. A recent ruling from the Fifth Circuit Court of Appeals clarified that an umbrella policy may be triggered even when the underlying insurance is exhausted by claims that would not be covered by the umbrella policy itself. The case bears …
Personal automobile insurance policies generally exclude coverage when the insured carries a passenger for a fee. The exclusion is usually not a source of controversy. But with the rapid growth of peer-to-peer transportation networks, the personal auto livery exclusion has …
A California appellate court recently held that a homeowner may sue an insurance adjuster individually for negligent misrepresentation. While agents and employees of insurance companies are not parties to the insurance contract and generally cannot be held personally liable for …
Policyholders rely on their insurance agents to acquire insurance coverage. Generally an agent has a duty to obtain the requested coverage with reasonable care and diligence or inform the client of his inability to do so, but the agent has …
In a recent decision, a New York judge held that a commercial general liability (CGL) policy did not provide coverage for an online data breach where hackers stole the personal information of millions of users. The case remains subject to …
Courts in Ohio and Louisiana recently faced the question of how a minimum statutory time period should be applied to cancellation notices for nonpayment of premium and whether the insurer must wait until the insured actually defaults on the payment …
The Court of Appeals of New York recently revisited its decision in K2 Inv. Group, LLC v. American Guar. & Liab. Ins. Co., reversing its prior ruling and finding that an insurer that breaches its duty to defend is not …
The Iowa Supreme Court recently held that a third-party beneficiary is granted no greater rights under an insurance policy and is bound by the same limitations as the policyholder. In Osmic v. Nationwide Agribusiness Ins. Co., No. 12-1295 (Iowa Jan. …
The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …
Two recent decisions have clarified the applicability and limitations of coverage available from state insurance guaranty funds. Guaranty funds are designed to protect insureds when an insurer becomes insolvent and is unable to pay claims, but the obligations of guaranty …