December 16, 2014
For the last few weeks we have featured additional posts on insurance law, in addition to our regular blog content. I’m fortunate to have incredible pool of contributors for these posts. Here are some of the top insurance law posts from these great authors in the last few weeks.
Susan J. Miller is the author of Miller’s Standard Insurance Policies Annotated:
- How Miller’s Standard Insurance Policies Annotated® Came to Be. The story of how Miller’s came to be.
- Miller’s for the Non-Insurance Lawyer: Don’t Let Policy Language Slow You Down! To most people – including attorneys – insurance policy provisions are arcane. Miller’s can help with that!
- Riot, Looting and Vandalism – Is There Insurance Coverage? We have recently seen images of rioting, looting and arson in Ferguson, Missouri. Is there insurance coverage for these losses.
- Damages, dismissal, and abatement of insurance bad faith claims. When are excess damages determined in an insurance bad faith case where the coverage at issue is for damages caused by uninsured motorists?
- Unconscionability in law and in force-placed insurance: Part 1. The American Law Institute is considering a Restatement of the Law of Consumer Contracts at this time. One of the doctrines under consideration by the ALI is unconscionability.
- Unconscionability in law and in force-placed insurance: Part 2. Unconscionability is only for the protection of consumers, not for the protection of predatory contracting parties.
John DiMugno is the author of several titles, including California Insurance Law Handbook
- Coverage for an automobile’s “use” is broader than many realize. The Ninth Circuit’s recent decision shows that the scope of use in an auto insurance policy is much broader than many policyholders — or their attorneys — realize.
- Vicarious Liability of Health Insurers for Medical Negligence. The control MCOs exercise over the physician-patient relationship may create situations in which an MCO may be vicariously liable for negligence of their networks’ health care providers.
- New Guidance on Insurance Coverage for Product Disparagement Claims: Part I
Given the high costs of defending intellectual property claims, the first move of businesses targeted by such suits often is to scour the company’s liability insurance policies for language that requires their insurers to pick up the costs of defense.
New Guidance on Insurance Coverage for Product Disparagement Claims: Part II A question that courts will be asked to address after Swift Distribution is when an insured’s statements about the superiority of its products crosses the line from “mere puffing” to product disparagement by implication.