Presentation at ABA’s Insurance Coverage Litigation Seminar on coverage for climate change in Tucson this morning. My co-panelists were Rina Carmel and Karin Aldama it was our fifth year of presenting together.
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New Article on Cyber Coverage
The current issue of the ABA, Insurance Coverage Litigation Committee's publication Coverage includes our article, Seeing Around the Cyber Corner: What's Next for Cyber Liability Policies?" The article can be found here.
Thanks to my co-authors, Karin S. Aldama, Esq. and Rina Carmel, Esq.
Hawaii Judge Compels Carrier To Participate In Arbitration
The carrier's attempt to escape arbitration based upon a perceived bias in the insured's selected arbitrator was rejected when the court granted the insured's motion to compel arbitration. Queen's Med. Ctr. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 60137 (D. Haw. April 9, 2018).
In…
We Discuss Cyber Coverage
ABA Insurance Coverage Litigation Committee Conference
The ABA's Incurance Coverage Litigation Committee Conference will be conducted this week in Tucson, AZ, from February 28 to March 3, 2018. As always, many cutting edge topics will be addressed by panels consisting of lawyers, judges, and professionals from the insurance industry. The conference schedule is here.
My panel…
Presentation Given at ABA’s Insurance Coverage Litigation Committee Seminar
Our panel at today’s ABA Insurance Coverage Litigation Committees’s Tucson seminar. Our group consists of Rina Carmel of Zelle McDonough & Cohen LLP; Karin Aldama of Perkins Coie, LLP; Demetrius Rush of Zurich North America; and Tred Eyerly of Damon Key Leong Kupchak Hastert. We discussed problems that arise when the policy holder and…
Background of a Coverage Lawyer
Thanks to "Coverage Opinions" and Randy Maniloff, Esq. for a write-up on my background as a coverage lawyer and otherwise in the current edition. The piece is here.
"Coverage Opinions" is a free, monthly electronic newsletter covering recent insurance coverage opinions and other areas of interest to the insurance coverage community. More information here
Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation
In responding to a certified question from the U.S. District Court, the Hawaii Supreme Court determined that an excess carrier can sue the primary carrier for failure to settle a claim in bad faith within primary limits. St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 135 Haw. 449 (2015).
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Multiple Occurrences Found For Claims Against Supplier of Asbestos Products
The federal district court found that various claims for bodily injury against a supplier of asbestos products arose from multiple occurrences, increasing indemnity amounts available under the policy. Westfield Ins. Co. v. Continental Ins. Co., 2015 U.S. Dist. LEXIS 45437 (N.D. Ohio April 7, 2015).
Mahoning Valley Supply Company (MVS) was sued…
Failure to Comply with Contract Leaves No Additional Insured Coverage
Indemnity obligations and additional insured coverage were at issue in Strauss Painting, Inc. v. Mt. Hawley Ins. Co., 2014 N.Y. LEXIS 3347 (N.Y. Nov. 24, 2014).
Strauss Painting, Inc. (Strauss) contracted with the Metropolitan Opera Association, Inc. (the Met) to strip and repaint the rooftop steel carriage track for the opera house's…