A recent California Supreme Court ruling is being hailed by policyholder advocates as potentially extending implementation of the actual prejudice rule further. How might that affect you and your clients? PREJUDICE AGAINST INSURERS? Expanded application of the “actual prejudice” rule benefits insureds—if they don’t get complacent Even where the actual prejudice rule appears to be firmly established, judges who believe an insured was grossly negligent in failing to provide timely
Coverage Concerns
Three million gallons of water was released following the collapse of a dam; killing seven people and causing property damage. The owner of the dam sued the prior owner because of the structural integrity of the dam. The prior owner sought coverage under its policy with James River Insurance who declined coverage because the Limitation of Coverage for Designated Premises or Projects Protected listed only the office location as being
REVISITING REBATES New risk technologies force review of long-standing prohibitions By Joseph S. Harrington, CPCU In the R Street Institute’s R Street Shorts No. 8, Ian Adams writes, “If giving away a service that is completely incidental to an insurance transaction is deemed illegal, then in a market of increasingly intertwined services, firms essentially are barred from offering insurance and non-insurance products simultaneously.” Did you get that? Do you have
Garland, Samuel, and Loeb were sued by another law firm located in another state because Garland had accepted referrals from the other firm without providing any payment for them. Garland turned to American Casualty for coverage under its professional policy and the claim was declined. Garland won their case against that other firm, but would they win their coverage claim against American? Here is how the court ruled. In April
There’s growing concern about “silent cyber” coverage in commercial policies. Agents and brokers can be of two minds regarding initiatives to clarify the coverage. Where do you stand, and why? IS IT TIME TO STOP BEING SILENT ABOUT CYBER? Concerns about losses under older policy provisions are growing across all lines of business and industry groups By Joseph C. Harrington, CPCU “What you don’t say can’t hurt you.” That’s sound
