Every once in a while, I wonder where the last 30 years have gone, and I think about all the cases and clients that we’ve handled during that time. A lot has changed since I started practicing law. In the old days, for example, we actually relied upon a dictation pool! We would dictate our
Gene Killian
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“Ordinance or Law” Coverage for Costs of Repair
By Gene Killian on
I was saddened to learn that Judge Ruggero Aldisert, formerly of the Third Circuit, recently passed away. I never had the privilege of appearing before Judge Aldisert, and I never met the man, but I feel indebted to him for writing two excellent books that were published through NITA: “Logic for Lawyers” and “Winning on…
Independent Counsel and the Insurance Company’s Duty to Defend
By Gene Killian on
Posted in Duty to defend, Estoppel and waiver
I know that this is hard to believe, but even when an insurance company complies with its duty to defend, the interests of the insurance company and its policyholder may not be aligned. The policyholder may want to settle, while the insurance company wants to roll the dice; or, vice-versa. Or, the policyholder may want…
Superstorm Sandy and Bad Faith Claims Handling
By Gene Killian on
Representing people who have lost homes and businesses following Sandy has been gut-wrenching. And, I have to say, many of the carriers haven’t made it any easier. I could catalog some of the problems we’ve seen, but that would make this a very long post. Instead, I’d like to focus on one aspect: The use…
Why are insurance policies so confusing?
By Gene Killian on
Posted in Contract construction
Massachusetts coverage attorney Nina Kallen has taken me to task on the question of why most insurance policies are an abominable mess to read. (My original post dealt with business interruption coverage). You can read her piece by clicking here. Can’t say I disagree.
Calculating Business Interruption Damages
By Gene Killian on
When I was in college, there was an English professor named Frank Kinahan, who taught a class called “The Little Red Schoolhouse.” A lot of my fellow students (not me, of course!) apparently thought that if they could just write their papers in enough of an arcane and convoluted manner, people (including their professors) would…
Additional Insured Coverage
By Gene Killian on
Years ago, there was a Bell Labs facility behind my house, and on Sunday afternoons, the engineers (mostly Indian and Pakistani) would get together and play cricket on the large lawn. I watched the matches quite a bit, but I never could get a grip on the rules. Then a British friend told me that…
The Allocation of Defense Costs in Long-Tail Claims
By Gene Killian on
The great CLE instructor Jim McElhaney, a Professor Emeritus at Case Western, used to tell the story of a “professional expert” testifying at trial on cross-examination. The guy was apparently a kindly old gentleman with an Irish brogue, and also an engineer, and indeed made most of his money in the litigation game.
“You’re a…
The Appraisal Provision in First-Party Property Policies
By Gene Killian on
I’m not a big fan of arbitration. I think it costs too much (which kind of goes against its main marketing point), and I don’t particularly like the fact that there’s no right of appeal absent the arbitrator committing fraud. Having said that, and with so many Sandy-related claims still pending in New Jersey, I…
Direct Actions against a Defendant’s Insurance Company
By Gene Killian on
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…