Category Archives: Coverage Defenses

Seventh Circuit Refuses to Expand CERCLA

Score one for the good guys — that is, if you occasionally root for insurance companies.  ESBC was running a business model predicated on charging insureds and insurers thousands of dollars for post-accident environmental cleanups, based on the contention that … Continue reading

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Predicting Indiana UM/UIM Decisions Is “A Team” Effort

OK, we’re dating ourselves with this one.  But if B.A. Baracus was a coverage attorney he would “pity the fool” who attempted to predict Indiana UM/UIM decisions.  In 2006, the Indiana Court of Appeals in Kinslow v. Geico Ins. Co. … Continue reading

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Court Denies Coverage for Carmel, IN, Soccer Team

In June of 2004, 17 players and two coaches of a local youth soccer team, Carmel Commotion, were involved in a car accident while attending a tournament in Colorado.  The team was riding in a rented van, en route to … Continue reading

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading

Posted in Advertising injury, Class Actions, Coverage Defenses, Intentional Misconduct | Tagged , , , | 1 Comment

Again, Making Misrepresentations On a Policy Application Is a Bad Idea

You’d think people would learn. If you make a misrepresentation on your policy application, bad things usually happen. Take the case of Michael Dodd, resident of Frankfort, Indiana. Mr. Dodd applied for a homeowner’s policy for a house he would … Continue reading

Posted in Homeowners, Misrepresentations | Tagged , , , | 1 Comment

Nevada Adopts Notice-Prejudice Rule; Buffets Still Overpriced

Something else just got buried in the desert.  In early August, the Nevada Supreme Court adopted the notice-prejudice rule in Las Vegas Metropolitan Police Dept. v. Coregis.  The court had previously ruled that a late-notice defense did not require the … Continue reading

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The “re” part of “reinsurance” is kind of important

This one caught my eye because it’s a novel argument.  Also, a lot of the underlying case happened in Texas, and since I’m originally from Texas (and also a Texas lawyer), I had to share it.  But more enough about … Continue reading

Posted in Coverage Defenses, Notice-Prejudice Rule, Reinsurance | Tagged , , , , | 1 Comment