Cooperation Clause v. the Fifth AmendmentÃÂ
And the winner isÃÂ
Leonard S. Dome of Mound Cotton Wollan & Greengrass
The clash between an insurer's right and obligation to investigate a claim and the insured's right to assert its Fi.
NJ Supreme Court Provides Clear Guidance for Allocating Excess Policy Coverage
Riker Danzig Scherer Hyland & Perretti LLP
This article discusses the recent case of Carter-Wallace, Inc. v. Admiral Insurance Co., where the New Jersey Supreme Court examined the issue of how coverage should be allocated among excess insurers where underlying primary policies have not been exhausted throughout the entire coverage period.
Liability Coverage Exclusions in Insurance Contracts
Kaufman, Payton & Chapa
Insurance policies containing an exclusionary clause for intentional acts are effective to preclude indemnification.
When Is an Occurrence Not an Occurrence _ when it is A Breach of Contract
Lloyd A. Gura of Mound Cotton Wollan & Greengrass
Although insureds and their lawyers may tend to disagree, it is axiomatic that not every type of loss is covered by.
Genetic Engineering: A "Potential" Emerging Coverage Issue?
John E. James of Potter Anderson & Corroon LLP
This article will explore the achievements of genetic engineering and the criticisms of its alleged risks. That discussion will serve as background to the prospects of insurance coverage for those policyholders which may some day need coverage for the genetically engineered products that some are afraid will cause property damage or bodily injury.
The Impaired Mental Capacity Defense To The Intentional Injury Exclusion
Steven E. Leder of Niles, Barton & Wilmer, LLP
The impaired mental capacity defense to the intentional injury exclusion was further clarified last year in two Mar.
Virginia Insurance Law Update
Philip W. Parker of Woods Rogers PLC
Under existing law, automobile physical damage disputes between insurers must be submitted to arbitration. The sta.
Innocent Co-Insureds
Hilary M. Henkind of Mound Cotton Wollan & Greengrass
If an insured commits an intentional act such as arson, should an innocent co-insured be precluded from coverage fo.
Unintended Consequences of an Intentional Act Can Constitute an Occurrence
Aaron F. Fishbein of Mound Cotton Wollan & Greengrass
The New York Appellate Division, Fourth Department, recently reiterated the well-established insurance principle th.
CCA-Treated Wood Litigation and Insurance Coverage Issues
Arnold L. Natali,Louis A. Chiafullo and Richard J. Valladares of McCarter & English, LLP
Forecasting a potential litigation explosion arising from a company's allegedly hazardous product may be a determining factor as to whether a company survives the litigation storm or suffers a more dismal fate, such as bankruptcy. Unfortunately, forecasting the "mass-tort" phenomenon is an imperfect science and extremely difficult.