When Does the Carrier’s Duty to Defend End?
Although it seems reasonable that the carrier’s duty to defend ends when no insurable allegations remain in the suit – this is not necessarily always true. Some courts have a…
Commercial Lines
Lawyers Dwell On Small Details: Court Defines “The” — The Sometimes Overlooked Issue
Attorney Randy Maniloff introduces us to the difference between “the” insured and “an” or “any” insured in the insurance policy. Many ignore these little words (“the,” “an” or “any”) in…
Valued Policy Laws: What is a “Valued Policy”
Valued policy laws require the insurance carrier to pay the face amount of the policy if the structure is a “total loss.” In these situations, it does not matter if…
H3N2 Flu and Workers’ Compensation
Record flu seasons often garner heavy media attention. When any strain of the flu is in the news, whether it be Swine flu, Bird flu or 2018’s H3N2 strain the…
Personal and Advertising Injury: Another Case Where ISO May Be Broader
Proprietary coverage forms are not always better than Insurance Services Office (ISO) forms. Careful comparison is required to confirm the insured is not harmed by non-ISO language. A recent Illinois…
Duty to Defend – In the Words of the Court
Generally, an insurer’s duty to defend flows from the facts alleged in the lawsuit. When the pleadings alleged damage or injury that is covered by the policy, the insurance carrier…
Employees in Work Comp: Two Key Work Comp Questions
Workers’ compensation, as a coverage, is simple. A worker gets hurt, the work comp policy pays – theoretically; that’s the simple part. The more complicated areas of workers’ compensation involve…
Actual Cash Value and the Depreciation of Labor
The concept of actual cash value (ACV) is far more complicated than “replacement cost minus physical depreciation.” In fact, the meaning of replacement cost differs based on the state. To…
Pollution Exclusion: Have the Reports of its Death Been Greatly Exaggerated
Insurance carriers may now have boundaries by which the “absolute” pollution exclusion can be applied, at least in Washington state. But the boundaries are pretty well laid out by two…
Painkillers in Workers’ Compensation
On any given day in the United States, perhaps 500,000 injured workers are under treatment for chronic pain; a great majority ingest opioids. There may well be 100,000 injured workers…
