Little time to blog today – plus I still have to get up the latest chapter of our on-going serialization of Robert Plotkin’s book, The Genie in the Machine – but I did want to pass along, with a couple of brief comments, this excellent article on the question of whether there is coverage for
Claim
Insureds, Prior Knowledge and Insurance Coverage
One of the more ambiguous and gray areas in insurance coverage law is the question of when an insured is or should be aware that a claim is on its way. The law recognizes that this can certainly occur at some point before the insured actually is handed suit papers by a process server, but…
I Can’t Believe Its Not Butter: How Many Deductibles Apply to Claims Involving a Butter Like Substance
By Stephen Rosenberg on
Posted in Claim, Coverage Litigation
Here’s a tasty little tidbit for you insurance coverage junkies out there. Law.com has this interesting article on a ruling as to the number of deductibles that apply to suits alleging lung injuries from the flavoring used in manufacturing microwave popcorn. As the article explains, a New York state appeals court has found that the…
If it walks like a duck, looks like a duck, and quacks like a duck, is it a claim?
By Stephen Rosenberg on
Posted in Claim, Claims Made Policies
When is a demand, or a threat, or another communication from a potential claimant a claim? The answer matters, particularly in corporate insurance programs built upon claims made policies. Normally, courts either apply the specific definition of the term claim contained in the policy at issue or else, in the case of a policy that…