Mary Alice Jasperse | Drew Eckl & Farnham When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides no coverage for a loss usually results in litigation. Insurance carriers are wise to ensure that the case… Continue reading Avoiding Common Pitfalls And Preserving Defenses In The Event Of Application Misrepresentation
Category: Insurance
Insurance Limits, Inflation, and Skyrocketing Replacement Costs
Hannah Albion, Richard Morehouse and Jon Pinney | Kohrman Jackson & Krantz Unexpected inflation and increasing replacement costs could combine to present an unpleasant surprise to your expectations for property insurance coverage in a time of need. Many tend to think of real estate properties as stable fixed assets, well-positioned against many risks. However, for improved properties… Continue reading Insurance Limits, Inflation, and Skyrocketing Replacement Costs
Seventh Circuit Takes Broad View Of Relatedness Under D&O ‘Claims Made’ Policies
Kian Hudson, Kevin B. Dreher and Kathryn Lee Wilhoit | Barnes & Thornburg Highlights Federal appeals court holds a complaint that originally has one declaratory-relief claim against one company and is amended to add damages claims against additional companies and directors constitutes a single claim for the purposes of a “claims made” D&O policy The… Continue reading Seventh Circuit Takes Broad View Of Relatedness Under D&O ‘Claims Made’ Policies
Insurer Litigation Guidelines: The Unholy Grail of Defense Cost Coverage
Lynda A. Bennett and Eric Jesse | Lowenstein Sandler READ THE TRANSCRIPT Lynda Bennett: Welcome back to Don’t Take No For An Answer. I’m your host, Lynda Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler. And it’s old home week. I’ve invited my partner, Eric Jesse, back today. Welcome back, Eric. Eric Jesse: Thank you… Continue reading Insurer Litigation Guidelines: The Unholy Grail of Defense Cost Coverage
The Made Whole Doctrine is Alive and Well in Virginia
Scott Hefner | Butler Weihmuller Katz While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al.… Continue reading The Made Whole Doctrine is Alive and Well in Virginia