Columns

No Advertising Injury Coverage For Sale of Counterfeit Goods

Applying New York law, the United States Court of Appeals for the Second Circuit held that there was no advertising injury indemnity insurance coverage for nearly $35 million in judgments against an off-price luxury goods vendor, insured Ashley Reed Trading, …

If A Tree Falls In The Forest, Does The Subrogation Department Hear It?

During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Abbott, who is my age and earned his law degree one year after me, was a young …

Commentary: The Failure of No-Fault Insurance

The Future Of Auto Insurance In No-Fault States In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through …

Driverless Car Litigation: The World of George Jetson Has Arrived

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this …

Federal Law Requires Disputes Over Workers’ Comp Insurance Payment Agreements be Decided by Arbitration

The highest New York state court has ruled that disputes over workers’ compensation insurance payment agreements between National Union and three California-based employer insureds must be decided by arbitration under arbitration clauses of those agreements and the Federal Arbitration Act …

Claims For P/C Broker Negligence Assignable and Enforcement by Assignee Doesn’t Depend Upon Superior Equities

A California intermediate appellate court has reaffirmed that a client’s professional negligence claim against his or her property/casualty insurance broker is freely assignable. It held, also, that the assigned rights are enforceable in court by the assignee without proof that …

Subrogating Snowmageddon And Winter Roof Collapses

As someone whose childhood winter chores included shoveling the roof, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record …

Owned Vehicle Exclusion Defeats Underinsured Motorist Claim

A U.S. district court in Missouri has rejected a policyholder’s strained interpretation of an “owned vehicle exclusion” standard in the underinsured motorist (UIM) coverage of automobile policies. The case, filed January 22, 2006, is entitled Walker v. Progressive Direct Ins.Co., …

The Parable of the Crippled Mare: Loss-Of-Use Now Recoverable in Texas Total Loss Auto Cases

Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss of use of personal property, unless the property was a total loss or destroyed, was unfair. City of Canadian v. Guthrie, 87 S.W.2d …

Alternate Intentional Loss Exclusion Defeats Coverage for Wrongful Death From a Single, Criminal Blow

A verbal altercation that turned into a physical confrontation between two men on May 23, 2010, in Portland, Maine led to the recent Supreme Court ruling to affirm a trial court’s decision to uphold an insurer’s summary judgment. After William …

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