Columns

New York Court Reverses Decision in K2 Investment Group

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 ‘Switching’ Economy

New global research finds that as many as two-thirds (67 percent) of insurance customers would consider purchasing insurance products from organizations other than insurers, including 23 percent who would consider buying from online service providers such as Google and Amazon. …

Slumlord Subrogation: Subrogating Landlord/Tenant Property Losses

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent-controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a …

Iowa Court Says Third-Party Beneficiary Bound by Policy Limitations

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. …

New York Court Finds Excess Insurer Responsible for Judgment Interest

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 …

Liability for Allowing Drunk Driving: The Death of Personal Responsibility?

It used to be that friends wouldn’t let friends drive drunk because they cared about their friends. Today, it’s become a legal obligation. In the 1998 Seinfeld series finale, Jerry, George, Elaine, and Kramer witness a car-jacking and rather than …

When is A Vehicle Considered a Total Loss?

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply …

Recent Decisions Limit Recovery From State Guaranty Funds

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 …

Three Stages in the Auto Insurance Claim Process

The first few hours-and days following a vehicle accident are stuffed with stress and honest confusion for most insured drivers. Many yearn for someone to take over the entire process for them. An insurance claims adjuster employing the right approach …

Sebo v. American Home Assurance Company

The Return of the Efficient Proximate Cause Doctrine in Florida Florida’s Second District Court of Appeal recently revived an old debate regarding whether coverage is available for damages caused by independent excluded and covered causes in the case of Sebo …

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