Archives: Liquidation

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Insurance insolvency and allocation-of-loss

A few years back, we wrote about the New Jersey Supreme Court’s decision in Farmers Mutual Ins. Co. v. New Jersey Property-Liability Guarantee Assn.  In Farmers, the Court held that, in the context of long-tail claims, any damages or defense costs allocated to insolvent policies could not be assigned to the policyholder. When dealing with disputed … Continue Reading

Limitations Periods in Insurance Policies

Here are a few universal truths. If politicians can raise taxes, they will.  If lawyers can bill, they will. And if judges can find a way to help clear their docket, they will.  That last truth can create a serious problem for the unwary dealing with insurance claims. Many business property policies and homeowners’ policies … Continue Reading

Direct Actions against a Defendant’s Insurance Company

Since the economy tanked, we’ve seen a number of cases in our office (particularly in the area of construction defects) where a defendant (such as a subcontractor) has become insolvent, and we’ve been called upon to pursue a direct action against that defendant’s insurance company.  Surprisingly, insurance companies don’t really care for this. So, the … Continue Reading

English & American Underwriting Agency Pools

Got an e-mail from my friend John Denton at Marsh Risk Consulting about The English & American Underwriting Agency Pools (“EAU”) and their Scheme of Arrangement closure. Any historic London excess placements probably would have included one or more of the EAU companies as carriers. There are actions necessary to safeguard any outstanding claims, whether known or unknown … Continue Reading
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