Unconscionability in law and in force-placed insurance: Part 1

Dec 3, 2014 By: Dennis Wall

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.

Damages, dismissal, and abatement of insurance bad faith claims

Dec 3, 2014 By: Dennis Wall

When are excess damages determined in an insurance bad faith case where the coverage at issue is for damages caused by uninsured motorists?

Federal Circuit Court Decision Threatens Bonding Industry’s Solvency

Dec 2, 2014 By: Marc Schneier

A recent Eleventh Circuit decision has threatened sureties’ ability to obtain efficient enforcement of their indemnity rights against the principal

Coverage for an automobile’s “use” is broader than many realize

Dec 1, 2014 By: John K. DiMugno

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.

How Miller’s Standard Insurance Policies Annotated® Came to Be

Dec 1, 2014 By: Susan Miller

Here’s the story of how Miller’s Standard Insurance Policies Annotated came to be

The ACA and Legal Practices (#18) / The limits of adaptability

Nov 26, 2014 By: Ferd H. Mitchell

The Affordable Care Act (ACA) is probing the limits of adaptability for people and technology when faced with complex, interactive programs.

Vicarious Liability of Health Insurers for Medical Negligence

Nov 25, 2014 By: John K. DiMugno

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

Constitutional issues in confidentiality agreements in insurance law

Nov 24, 2014 By: Dennis Wall

Court holds that stipulated confidentiality provision is not enough to keep records sealed under U.S. Constitution

New Guidance on Insurance Coverage for Product Disparagement Claims: Part II

Nov 21, 2014 By: John K. DiMugno

My last post discussed the California Supreme Court’s recent decision in Hartford Casualty Insurance Co. v. Swift Distribution, Inc., 59 Cal.4th 277,

New Guidance on Insurance Coverage for Product Disparagement Claims: Part I

Nov 20, 2014 By: John K. DiMugno

Although specialty policies designed to cover intellectual property claims are available, they are cost-prohibitive for many businesses