December 13, 2011
Risk. It’s a part of life. It’s also a part of driving a vehicle, owning or leasing property, interacting with others on a daily basis, and running a business. People manage risk by purchasing insurance. And, inevitably, there are misunderstandings and legal disputes regarding “covered” versus “non-covered” risks.
Welcome to the world of insurance coverage litigation, where anything can happen – and usually does!* But the question is almost always the same: “Is it covered”?
Now, I will be moderating an online community to help you answer your next coverage question. Be a part of the discussion with other practitioners, reference attorneys, and more.
Whether standard insurance policies look “new” to you, or you have practiced in the insurance coverage area for many years, you have probably encountered troublesome coverage provisions which may or may not apply. Or you may find yourself faced with a more general coverage issue, which does not turn on a particular policy provision, but rather on some doctrine of Insurance Law.
That’s where Miller’s Standard Insurance Policies Annotated can help. Miller’s contains more than 1,000 commonly litigated property/casualty coverage forms and endorsements, a thorough Index with 15,000 form and section references, and more than 163,000 case annotations to reported decisions since 1978, all sorted by jurisdiction and date. Miller’s is written to help you quickly find the most helpful precedent to determine the applicability of the coverage provision, or to understand the issue, at the heart of your case. Also, every Miller’s annotation identifies which party’s interpretation of a coverage provision prevailed – the Insurer’s or the insured’s – so you can readily focus on the cases most likely to help you.
For 25 years, I’ve enjoyed talking with other attorneys about their coverage issues. The conversations usually start with, “I have a situation where …, but the policy says … .” Then comes the question: “Do any of the coverage forms in Miller’s contain a provision like that?”
I have enjoyed those conversations! And now that the integration of Miller’s into West’s Insurance Law library is complete, I’d like to start a wider conversation. Our Blog – Ask Miller’s! – offers a new opportunity to ask where to find reported decisions on all kinds of coverage issues. For example, “stacking” of uninsured and underinsured motorists coverage within and between policies, what is a “non-owned auto,” whether the policy provides coverage for allegations of “diminution in value,” defective construction, or a shareholders’ derivative action, whether the insured property is in a state of “collapse,” what constitutes “professional services,” the finality of a release upon insurer’s payment of “loss,” or at what point the excess coverage “attaches.”
So “Ask Miller’s” where to find the case law to answer your next coverage question. Please keep it concise, and provide a coverage context by specifying a form or endorsement if possible.
We’d like to demonstrate how Miller’s can help you!
* Think Hurricane Katrina, outrageous behavior in the workplace, or the recent, and early, ice storm in New England.