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 California appellate court recently clarified the priority of coverage where multiple insurers are implicated for the acts of a negligent employee. In GuideOne Mutual Insurance Company v. Utica National Insurance Group, 2013 Cal. App. LEXIS 148, the court held …
The previous year saw a number of important cases interpreting and developing the application of the attorney-client privilege and the work-product doctrine in the context of insurance claims. Insurers and insureds consistently assert and challenge these protections in coverage disputes, …
Agents’ errors and omissions (E&O) policies provide protection for agents for certain negligent acts committed in their professional capacity but may exclude coverage for liability related to an insurer’s insolvency. These “insolvency exclusions” typically exclude coverage if the agent places …
With the South Dakota Supreme Court’s decision in Wheeler v. Farmers Mut. Ins. Co. of Neb., 2012 S.D. 83, the state joined a number of other states in invalidating “owned-but-not-insured” exclusions in uninsured motorist policies. The court held that South …
A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …
The Supreme Court of Ohio recently held that defective construction is not an “occurrence” covered under a commercial general liability policy. The decision clarifies an issue on which lower appellate courts had been split, but the court’s broad ruling was …
A number of recent cases provide insight into the application and interpretation of auto use (or motor vehicle) exclusions generally present in a homeowner’s policy. Auto use exclusions typically preclude coverage for injury or damage arising out of the ownership, …
Two recent circuit court decisions affirmed that national flood insurance policies are to be strictly construed and are not subject to the flexible standards applied to private insurance policies. The National Flood Insurance Program (NFIP) was created because the private …
One of the first lawsuits implicating insurance coverage for a fracking-related claim is under way in Ohio. Warren Drilling Co., Inc. v. ACE American Ins. Co., No. 2:12-cv-425 (S.D. Ohio 2012) will be the first case to determine how insurance …
A New York appellate court recently issued one of the more interesting policy interpretation decisions, highlighting the importance of clearly drafted policies and exhibiting the well-settled principle that any ambiguity in a policy should be construed liberally in favor of …