California Public Policy Precludes Indemnification for Most Claims of Malicious Prosecution
This article discusses a potentially far-reaching decision by the California Court of Appeals, which ruled that the state statute that forbids insurance coverage for "willful acts" prohibits indemnity for malicious prosecution.
Wisconsin Supreme Court Finds No Coverage in A Misrepresentation Case
Cook & Franke S.C.
On June 22, 1999, in Smith v. Katz, the Wisconsin Supreme Court held the West Bend Mutual Insurance Company ("West.
Insurer's Wrongful Failure to Defend Gives Rise to Breach of Contract Action
Steven E. Leder of Niles, Barton & Wilmer, LLP
In Mesmer v. MAIF, No. 50 Sept. Term, 1966 (filed 3/11/99) Maryland's highest court held that an insurer's refusal .
Insurer's Duty to Defend its Insureds
Alles, Scott A. of Greer & Alles, PLC
Refusal To Defend Or Settle And Reservation of Rights Generally, liability insurers owe three separate duties.
California Supreme Court Holds Insurers Have No Duty to Defend a Government Cleanup Order
K. Stephen Tang of Knapp, Petersen & Clarke
In Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA (1998) 18 Cal.4th 857, the Calif.
Employer Liability for Employee Conduct
Lisa Mann of Modrall Sperling
Employers are well familiar with the fact that they are being sued for the acts of their employees. In increasing numbers of cases, however, employers are being confronted with lawsuits against their employees. The employees then usually turn to the employer, requesting the employer to pay for the defense of the lawsuit and, if an adverse result ensues, for any damages assessed against the employee.
Primer on Insurance Law
Christopher J. Enge of Law Offices of Christopher J. Enge
This article seeks to explain, in plain language, the step-by-step method attorneys and insurance professionals use to analyze a policy; to explain some of the technical terms; and introduce basic insurance law concepts.
Procedures To Reduce the Risk of Litigation and Liability for Discharges
Kevin Lilly and Enrique L. Muoz of Littler Mendelson, P.C.
Through a case study this article warns companies that their liability insurance may not cover them in employment related lawsuits and gives advice on how to limit liability in such cases.
Confronting Issues in Insurance Coverage-Introduction
David Weiss of Brobeck Phleger & Harrison LLP
What follows is a details discussion of some common issues that arise in insurance litigation and the effect of some new rulings on those issues.
Products Liability Update: Two California Supreme Court Decisions in Favor of Insurers
Dorothy Vinski Holmes of Brobeck Phleger & Harrison LLP
This products liability report deals with two recent California Supreme Court decisions affecting insurance coverage.
Duty of Good Faith Further Limited by Texas Supreme Court
Greenberg Peden P.C.
The Texas Supreme Court has further limited the "duty of good faith and fair dealing", ruling in a per curiam opinion issued October 18, 1996 that an insurer does not owe its insured a duty to investigate and defend claims against the insured by a third party.
City of Littleton, Wallis, and Insurance For Multi-Year Liability Claims
William J. Brady and Lisa K. Mayers of Grimshaw & Harring, P.C.
Recently the Colorado Supreme Court decided two important cases arising in the environmental insurance coverage context. The decisions are expected to have a major impact on the availability of insurance coverage for Colorado policyholders.
Insurance Law: Third Party Coverage in Texas Ethical Considerations in Third Party Insurance Coverage
Liability insurance policies generally provide benefits to an insured in the form of the insuranc.