Earlier this year, I posted about whether a policyholder has a right to independent counsel when a possible conflict of interest appears between the carrier and the policyholder. (You can read that post here.) We’re frequently asked that question, because when insurance companies agree to defend a claim, they often send a reservation of
Travelers
Developments in cyberliability coverage
We in business are all overwhelmed with reading material, but I try to make sure that I read at least some legal and business publications every day to keep up with developing trends. And, it seems that every day I see another article about a new hacking incident, or another dire warning about cyber-risk. (The…
Insurance coverage for asbestos-related liabilities
By Gene Killian on
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…
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…
“Your Work” and the “Products-Completed Operations” Hazard
By Gene Killian on
Here’s some advice I would give to anyone contemplating becoming a general contractor: Don’t. The liability insurance coverage picture is too muddy, and coverage for completed operations is too uncertain. My secondary, and perhaps more realistic, advice: Review your subcontractors’ general liability coverage and make sure there’s adequate protection if you need to bring suit…
Ambiguity in Insurance Policies
By Gene Killian on
Posted in Contract construction, Duty to defend
I’m getting ready to participate in a panel discussion at the New Jersey Institute for Continuing Legal Education with some of my friends from both sides of the bar (policyholder and carrier). I’ll be discussing the rules of construction in insurance policies, particularly as they relate to ambiguity, so I’m re-reading some of the more…