I was lucky enough to be invited to speak at a CLE conference in New York last week on the subject of mass torts. (Full disclosure: I was on the wedding “B list.” My good friend Jeff Pollock, a fantastic policyholder-side lawyer, had to cancel at the last minute because of professional commitments, and
Gene Killian
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Ambiguity in insurance policies
By Gene Killian on
It’s hard to believe that it’s been over four years since Superstorm Sandy hit New Jersey. Back then, figuring that discretion was the better part of valor, I gathered up my family and drove out to Pennsylvania to wait out the storm. (I still take abuse for that tactic from one of my neighbors, who…
Limitations periods and notice provisions in insurance policies
By Gene Killian on
When I was a kid in Maplewood, New Jersey, our next-door neighbor was a feisty Irish widow named Anne Byrne. (She was related to our former Governor, Brendan Byrne, but I forget how.) When I would do something stupid, which usually involved putting some kind of ball through one of her windows, she would grab…
The Shortcomings of D&O Insurance
By Gene Killian on
Here’s how a major insurance company (Travelers) describes D&O insurance: “Directors & Officers (D&O) Liability insurance helps cover defense costs and damages (awards and settlements) arising out of wrongful act allegations and lawsuits brought against an organization’s board of directors and/or officers. These types of claims have become increasingly common and directors and officers…
Policy rescission because of misrepresentations on an insurance application
By Gene Killian on
There’s an old joke about lawyers and clients.
A man is flying in a hot-air balloon and realizes he’s lost. He spots a guy down below. He lowers the balloon and shouts, “Excuse me, can you help me? I promised my friend I would meet him half an hour ago, but I don’t know where…
The law of subrogation, and how it affects policyholders
By Gene Killian on
“Subrogation” seems to be a simple concept. You suffer a loss. Your insurance company pays for the loss. Your insurance company then assumes your rights against the party that damaged you. But, like everything in the insurance world, subrogation can result in numerous complications. The problem, of course, is that if your insurance company doesn’t…
The assignment of insurance policies and claims
By Gene Killian on
I’ve been a trial lawyer for over 30 years, and I think I need to point out that corporate/transactional lawyers aren’t real lawyers. If you haven’t been on the receiving end of an evidence ruling that makes you wonder whether the judge attended law school in a Winnebago, then I’m sorry, you may be a…
Insurance lessons from the Penn State tragedy: “Within the scope of employment”
By Gene Killian on
I remember sitting in a continuing legal education class once, where the speaker was an experienced employment defense lawyer. He said that, normally, he liked to open his talks with a funny story or a joke, but he couldn’t do that during this particular talk, because there was absolutely nothing funny about sexual harassment; in…
Yes, construction defects are covered “occurrences” in New Jersey
By Gene Killian on
Are you the parent of a teenager? Have you ever been the parent of a teenager? If the answer to either of those two questions is yes, have you ever felt like you’re banging your head against the wall? You think you’re speaking plain English, but they’re just not getting it.
That’s the way I…
Developments in insurance coverage for asbestos-related liabilities
By Gene Killian on
I’m not sure which is more grimly entertaining: watching old advertisements for cigarettes (see here), or watching old advertisements for asbestos products (see here). If you’re an executive in the front office of a company that acquired an asbestos manufacturer, however, you might fail to appreciate the dark humor. A few years back,…