I have in my office a copy of a Travelers claims manual from the 1980s. In discussing the duty to defend, the manual says, in part: “Ambiguity…means that the words are capable of being understood in two or more reasonably logical ways. Ambiguity should be resolved in favor of the insured. Prompt decisions must be
Coverage B
Enforcing insurance coverage for “intentional” business torts
The other day, I was talking with a lawyer who represented a plaintiff in litigation relating to a failed business transaction. He was lamenting the fact that, if he were to take judgment against the defendants, there wouldn’t be insurance to help satisfy the claim, since, according to him, “no insurance company is ever going…
Interpreting “Personal Injury” Coverage
By Gene Killian on
Posted in Personal injury coverage, Uncategorized
Every once in a while, I come across a case in which the facts are just so perfect, I can’t not write about them. Take, for example, the recent Sixth Circuit decision in Stafford v. Jewelers Mutual. A 5.56 carat pink diamond. A deal by a diamond merchant to buy the jewel (for cash…
More Developments in Insurance Coverage for Data Breach
By Gene Killian on
Posted in Cyberliability, Uncategorized
I gave a presentation last week to the New Jersey Institute for Continuing Legal Education on the topic of insurance coverage for cyberliability. (I know, I know, that and four bucks will get me a latte at Starbucks.) The dangers of data breach are quite the hot topic lately (NSA, Snowden, Target, and on and…