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Is Lloyd’s of London a racketeering enterprise?

I have a fair amount of experience in litigating coverage disputes under Lloyd’s of London policies. Let’s just say that, because of the labyrinthine structure of the organization (if it IS an “organization”), pursuing coverage under Lloyd’s policies can be like trying to nail Jell-O to a wall. You can’t just sue “Lloyd’s of London,” … Continue Reading

New Developments in Insurance Broker Liability

We had a broker liability case not long ago involving a manufacturing facility on the banks of the Hudson River that got wiped out by Sandy.  The client had no flood coverage.  We argued that, under the particular circumstances of the case, the broker had an obligation to price the market for flood coverage, and … Continue Reading

Insurance coverage for “intentional” torts

One of the celebrities we lost in 2013 was the novelist Tom Clancy. I wasn’t a Clancy devotee, but I have to admit that “Red Storm Rising” and “The Hunt for Red October” were excellent military thrillers. In “Red October,” the KGB officer on board the Russian submarine (Red October) thinks that, rather than surrendering … Continue Reading

Insurance claims and Superstorm Sandy

I recently got interviewed by Ed Beeson of the Newark Star-Ledger as part of his article about the looming Superstorm Sandy insurance coverage litigation.  The insurance industry has definitely circled the wagons, and the first suits are now being filed.  There will be a lot of battles over causation (e.g., wind versus flood), as well … Continue Reading

Late Notice of Claim

In my experience, there are three main reasons why companies delay in giving notice to their carriers of potentially covered claims.  First, the underlying suit is an “oddball,” such as an intellectual property claim, that the risk manager thinks isn’t covered.  Second, the company is worried that its premiums will rise.  Third, the person responsible … Continue Reading
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