Back in the halcyon days of insurance coverage litigation (before many defense-oriented judges began to view themselves as Guardians at the Gate of the Insurance Industry), New Jersey courts would occasionally hand down landmark decisions to protect the policy-buying public from sharp practices by carriers. One of those decisions was Griggs v. Bertram, 88
estoppel
Limitations Periods in Insurance Policies
By Gene Killian on
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…
When is a “reservation of rights” letter enforceable?
By Gene Killian on
Lawyers and insurance companies are forever reserving their rights. Sometimes I think it’s a reflex action against ever being forced to take an actual position. But in the world of insurance coverage, “reservation of rights” letters do serve a function. Insurance companies fear that if they undertake the investigation or defense of a claim, for example…
The statute of limitations for insurance claims
By Gene Killian on
A couple of weeks ago, we got a nice result ($13 million verdict) following a three-month trial in BASF Catalysts, LLC v. Allstate Insurance Company, one of the last great complex environmental coverage beasts. We had the pleasure of co-counseling the matter with Dave Oberdick and his team from the Pittsburgh, PA firm of Meyer…
Late payment of insurance premiums
By Gene Killian on
Posted in Premiums
My father-in-law (who worked for DeLorean Motors long ago) once told me that success in business was simply a process of accumulating whip marks. Succeeding in the law is no different. Here’s a whip mark I got a few months ago, and which you can avoid by always paying your insurance premiums on time. …