Nanotechnology, the science and business of manufacturing on a very small scale, is continuing to grow despite global economic downturns. In fact, some estimate that over 20,000 companies and institutions from 48 countries are involved in some aspect of nanotechnology – – e.g., research, manufacturing or application. Coincident with this growth is a rising awareness [...]
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insurance coverage,
nanotechnology
The scope of damages and potential covered claims from the BP Deepwater Horizon Oil Spill reaches much further than the gulf area. Companies around the world have been affected by the spill; many may not even know it yet, but their claims losses and liability may yet come to pass. For example, restaurant and seafood [...]
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BP Deepwater Horizon,
Gulf Coast oil spill,
insurance coverage
Waiver is the voluntary relinquishment of a known right. Although the law across the country continues to be mixed, the rule in some states is that, if an insurance company does not timely raise an issue or defense, such as stating all grounds upon which it may refuse to indemnify an insured in a reservation [...]
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Essex Insurance Company v. Richard Heck,
insurance coverage,
subrogation rights
In the Southern District of Indiana case, Bernstein v. Bankert, No. 1:08-cv-0427, 2010 US Dist. LEXIS 24329 (Mar. 16, 2010), the Court declined to grant summary judgment to Auto-Owners Mutual Insurance Company (“Auto-Owners”), when Auto-Owners argued the underlying environmental claims against the policyholder were barred by the Indiana Code’s statute of limitation and/or res judicata.
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CERCLA,
duty to indemnify,
Environmental,
insurance coverage,
pollution exclusion
In Clarendon America Ins. Co. v. North American Capacity Ins. Co., Case No. E048176 (Fourth Appellate District, Div. Two, July 7, 2010), the Court of Appeal reversed a trial court entry of summary judgment in favor of defendant insurer North American Capacity (NAC) concerning the application of the policy’s self-insured retention (“SIR”) clause and the [...]
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Duty to defend,
insurance coverage,
policy intepretation
In World Harvest Church, Inc. v. GuideOne Mut. Ins. Co., S10Q341 (Ga. May 3, 2010), the Georgia Supreme Court held that an insurer waives its right to deny defense or indemnity obligations if it fails to timely reserve rights and that the policyholder need not show prejudice for that rule to apply.
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insurance coverage,
insurance recovery,
World Harvest Church
Commercial umbrella policies typically provide two types of liability coverage. Like excess policies, umbrella policies provide additional coverage in the event that the limits of the underlying primary policy are exhausted. What makes such policies unique, however, is that they also provide coverage for claims or suits that are not covered by primary insurance but [...]
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Broad Defense Obligation,
insurance coverage,
Legacy Vulcan Corp. v. Superior Court
In dealing a blow to the insurance industry, the California Supreme Court, in Minkler v. Safeco Ins. Co., recently held that the existence of a “separate insurance” clause in a homeowners’ policy precluded the insurer from asserting the policy’s intentional acts exclusion to deny coverage for the mother (the named insured) based on the alleged intentional [...]
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insurance coverage,
Minkler v. Safeco Ins. Co.,
policy interpretation
In a recent New Jersey appellate decision entitled Somerset Med. Ctr. v. Exec. Risk Indem., Inc., 2010 N.J. Super. Unpub. LEXIS 605, A-6214-08T2 (App.Div. Mar. 22, 2010), the court was faced with the question of whether a bodily injury exclusion in Somerset Medical Center’s directors and officers liability insurance policy excluded coverage for the negligent hiring and supervision of a [...]
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D&O insurance,
insurance coverage,
insurance recovery,
negligent hiring,
new jersey,
Somerset Med. Ctr. v. Exec. Risk
