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
waiver
Limitations periods and notice provisions in insurance policies
When I was a kid in Maplewood, New Jersey, our next-door neighbor was a feisty Irish widow named Anne Byrne. (She was related to our former Governor, Brendan Byrne, but I forget how.) When I would do something stupid, which usually involved putting some kind of ball through one of her windows, she would grab…
Policy rescission because of misrepresentations on an insurance application
There’s an old joke about lawyers and clients.
A man is flying in a hot-air balloon and realizes he’s lost. He spots a guy down below. He lowers the balloon and shouts, “Excuse me, can you help me? I promised my friend I would meet him half an hour ago, but I don’t know where…
Limitations Periods in Insurance Policies
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?
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…
Late payment of insurance 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. …