Awhile back on this blog, we were discussing developments in insurance bad faith law, and I hypothesized that Courts were generally more apt to find bad faith in cases involving a carrier’s delay of benefits, rather than outright denial.  But what if the outright denial contains a bald-faced lie, or a deliberate omission?  In that

Every now and then, a business owner asks me to review his company’s coverage program to make sure that adequate protection exists.  I always say the same thing. “You’re looking at this all wrong.  Buying insurance isn’t about buying protection.  Buying insurance is about buying a right to sue an insurance company.  Once you accept

So here’s a frustrating aspect of coverage work.  The underlying plaintiff sues the policyholder based on a complaint that was inartfully drafted (which, in some instances, is a nice way of saying that the complaint looks like it was written while the lawyer was tripping on mescaline).  The carrier denies coverage because nothing in the

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

It’s amazing how, when the economy tanked, construction defects began to multiply exponentially.  I’m not (necessarily) trying to ascribe purely financial motives to the plaintiffs in these cases, but there’s no doubt that, at my firm at least, we’ve seen a marked increase in the amount of coverage litigation over construction defects.

So, what’s the

The subject of invasion of privacy has been in the news (pretty tragically) lately with the terrible suicide death of a Rutgers University freshman.   Classmates allegedly had been spying on his personal life through a webcam, which upset him to the point that he took his own life. 

I don’t mean to seem insensitive or