Over at Settlement Perspectives, they have some good advice about working with your insurance carrier to resolve disputes. These include: “Insurers hate surprises. Communication is key.”
I will add the following. You must observe the rules of the ritual. Insurance companies are huge bureaucracies, and like all bureaucracies, they have their sometimes arcane procedures for getting…
Recently, in a major environmental insurance coverage claim, I had a carrier refuse to provide coverage based on something that it described as the “intentional acts” defense. Since all “acts” are intentional, an “intentional acts” defense would mean that liability insurance coverage does not exist – for anything. Intentional harm, of course, is generally…
Recently, one of my friends in the insurance defense bar told me that he’d been given a very strict standing order by his insurance company client. In any case involving a potential conflict-of-laws situation, he was prohibited from EVER arguing for the application of New Jersey law.
This attitude stems from cases like the New…