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Category Archives: Insurance Coverage for Tort Claims

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Software, Predictive Models, and Discovery Against Insurance Companies

Posted in Health Insurer Discrimination Against Persons with Chronic Diseases, Insurance, Insurance Coverage for Tort Claims, Litigation Industry
The discovery wars of tomorrow will include plaintiffs seeking access to existing and future analytic and predictive databases and models operated by insurers. Why? In part because the insurers are further ramping up the use of predictive analytics, according to a March 1, 2106 article in Carrier Management.  A key excerpt from its states: “Some… Continue Reading

A New and Valuable Conference at Rutgers – The American Law Institute’s Restatement of the Law of Liability Insurance

Posted in Insurance, Insurance Coverage for Tort Claims
Rutger’s strikes again as to insurance issues. Online promotion is here, and pasted below for the February 27th conference. Agenda here. The conference is a great chance to learn about the law related to liability insurance. Even more specifically, attendees plainly will learn a great deal about how various actual and potential sections of the… Continue Reading

Magistrate Judge Uncovers Tort System Fraud – by Insurance Company Lawyers and Professional Engineers Defending Superstorm Sandy Cases

Posted in Conflicts of Interest in Mass Torts, Fraud, Insurance, Insurance Coverage for Tort Claims, Litigation Industry, Mass Tort Issues
Fraud, fraud, fraud. Some days one would think the “f” word is the only word known to some in the insurance industry, and some of their friends. Certainly they’ve used the word a lot in demanding transparency in asbestos trust claiming related to torts. As to transparency in asbestos trust claiming, I whole heartedly agree… Continue Reading

Advice for Independent Counsel on Dealing with Insurer Guidelines

Posted in Asbestos, Conflicts of Interest in Mass Torts, Insurance Coverage for Tort Claims, Litigation Industry, Mass Tort Issues
A new article from policyholder counsel at Neil Gerber  (Seth Lamden) “offers advice to independent defense counsel (often referred to as “Peppers counsel” in Illinois) on identifying and resolving some of the potential ethical and financial pitfalls that can arise when an insurer conditions payment of legal bills on the attorney’s compliance with billing guidelines.”… Continue Reading

Statements During Settlement Negotiations Can Be Used for Many Purposes – Insurance Companies and Others Seek to Pervert the Principles of Rule 408 and State Law Analogs

Posted in Insurance, Insurance Coverage for Tort Claims
Rule 408 and analogous state law rules are intended to protect a good faith settlement offer from being used at trial to prove liability. See generally “Of “Purposes Not Prohibited”:  New Federal Rule of Evidence 408(B),  40 Creighton L. Rev. 679 (2007).  Insurers (and others), however, have perverted the principles of Rule 408 to try… Continue Reading

Good News for Insureds on Legal Fee Reimbursement – “Washington Federal Court Orders Broad Discovery of AIG Defense Rates”

Posted in Insurance Coverage for Tort Claims
A July 25, 2014 post from The Northwest Policyholder provides good news for insureds, and potentially for defense counsel. The good news? The following quote provides just part of the good news – see the post for more specifics. “First, the court held that AIG had opened the door to discovery of rates paid by… Continue Reading

Warren Buffet Companies Take Over Even More of the US Asbestos Risk – New Deal Takes on Liberty Mutual Asbestos Risk

Posted in Asbestos, Insurance, Insurance Coverage for Tort Claims, Insurance Insolvencies, Litigation Industry
Developments continue for asbestos litigation – and insurance  coverage for asbestos claims. Warren Buffet’s companies already have been paid to take on an enormous share  of the US asbestos risk, including for London insurers and for domestic insurance companies such as CNA, and for AIG.   Buffet’s operations have  been subject to fierce criticism for taking… Continue Reading

Are “Bad Faith” Claims Against Insurers Assignable Under Pennsylvania Law?

Posted in Insurance, Insurance Coverage for Tort Claims
The TortsProfBlog brings news that the Pennsylvania Supreme Court will decide if “bad faith” claims are assignable. More specifics are here, from DapperLaw. My purely personal view is that  holding the claims assignable would encourage a larger and more effective market in suing insurance companies when some (not all) of them too often fail to… Continue Reading

Conflicts of Interest Between Insurer and Insured in Repetitive Product Liability Cases- A Pharma Example

Posted in Insurance, Insurance Coverage for Tort Claims
Pharma lawyers also have concerns about insurers creating conflicts of interest by mismanaging underlying pharma case that involve repetitive fact patterns. Who says so? Michelle Yeary in a July 8, 2014 post at Drug & Device blog. The key quote: “For so many reasons, we don’t usually blog about insurance coverage issues.  First, it’s not really our… Continue Reading

Scripps Focuses Attention on Asbestos Litigation and the Delay, Deny, Defend Empire Built by Berkshire, Ajit Jain, and Warren Buffet

Posted in Insurance Coverage for Tort Claims
Warren Buffet’s much loved "float" is finally receiving some scrutiny, at least as to the asbestos-generated float. For years, anyone well-versed in asbestos watched various shell games among various insurers as they sought to avoid the sting of asbestos litigation. One of the biggest collective player of all – the London insurers – took one… Continue Reading

New Jersey Supreme Court Confirms that Insurers Can Bring Contribution Claims Between Insurers in Long-Tail Tort Claims

Posted in Insurance Coverage for Tort Claims
There is a never ending saga of insurers seeking to redistribute costs, often after having stiffed their insured for many years. Another chapter in the story was written this month as the New Jersey Supreme Court ruled in Potomac Ins. Co. of Ill. v. Pa. Mfrs. Ass’n Ins. Co. (Sept. 16, 2013), which considered issues arising from… Continue Reading

Insurer Found Liable for Unreasonable and Vexatious Treatment of Its Insured When It Argued the Duty to Defend Would be Triggered Only After Payment of the Deductible

Posted in Insurance Coverage for Tort Claims
Insurers never cease to amaze, as illustrated by the recent Seventh Circuit decision in American Safety Cas. Ins. v. City of Waukegan, 2012 WL 882504 (March 16, 2012). There, the insurer (American Safety) argued that it had no obligation to defend until a $100,000 deductible had been paid out. That thesis was offered to justify American… Continue Reading

UK Supreme Court Adopts “Exposure Trigger” and Rules that British Employers Insurers Must Pay for Mesotheliomas Arising from Exposures During Employment

Posted in Insurance Coverage for Tort Claims
Mesothelioma claiming in the UK is generally directed against former employers, as opposed to manufacturers of products. And, employers liability insurance was traditional and later compulsory in the UK.  Accordingly, it is highly significant that the UK Supreme Court today ruled on the trigger for  Employers Liability (EL) coverage for mesothelioma claims. The opinion essentially… Continue Reading

Animated Insurance Adjusters – Powerful Parodies

Posted in Insurance Coverage for Tort Claims
Humorous parodies are powerful. Two from youtube lampoon the supposedly "independent"  adjusters  who work for insurance companies. This one addresses the absurdity of the handling of some car crash claims. After watching it, ask yourself : why do insurance companies ask everyone to clam up and deny fault even when fault is obvious, and why do people follow that advice… Continue Reading

Asbestos Insurance Coverage – Appellate Decision in NY May Cause a look into the Equitas Ploy

Posted in Insurance Coverage for Tort Claims
A new chapter may be opening in the long-running saga of London Market insurance coverage for asbestos claims. The story to date, in short, is that many London Market names and companies were in fact  insolvent in the 1980s and 1990s as a result of then-current and then-foreseeable asbestos claim payment obligations. However, most refused to admit… Continue Reading

Continental/CNA – The Latest Insurer to Seek to Limit Risks for Paying Defense and Indemnity Expenses for Asbestos Litigation and Other Third-Party Claims

Posted in Insurance Coverage for Tort Claims
The insurance industry continues to create new structures to complicate and limit the risks of paying defense or indemnity for third party tort claims. Thus, set out below is the text of this on-line press release from Continental/CNA this morning. The bottom line is that Continental/CNA is seeking to transfer the financial risk of its asbestos… Continue Reading

Published Reports – UK Government Seeking a Deal With Unions on Pleural Plaques

Posted in EU Developments, Insurance Coverage for Tort Claims, Insurance Insolvencies, Pleural Plaques
This article from a British newspaper reports that the UK government is trying to cut a deal with unions 1) to pay for more scientific research on cancer, and 2) require more compensation from insurers for asbestos victims, but without reinstating pleural plaques claiming. Apparently remaining insurers would be required to pay bills left behind by… Continue Reading

Global Asbestos Claiming – Report on Asbestos Litigation in Nine Nations – Munich Re’s Major Compilation of Information

Posted in Asbestos, Asia, EU Developments, Global Tort Litigation, Insurance Coverage for Tort Claims, International Asbestos, Japan, Litigation Industry, Propensity to Claim, Risk Management, Sovereigns
Here is the online image of Munich Re’s recent, comprehensive report on asbestos litigation, Asbestos: Anatomy of a Mass Tort. The 112 page report is authored by Nicholas Roenneberg, and is Order number 302-06142. The report can be downloaded and printed from this page.The same page, on the right hand side, allows you to order… Continue Reading

Long Tail Torts, Insurers, Insureds and Schemes of Arrangement – Scottish Lion

Posted in Insurance Coverage for Tort Claims, Schemes
A scheme of arrangement is a UK term that applies to a variety of legal proceedings, including proceedings in which a solvent insurer seeks to end its operations – for its convenience – and to put an end to the life of insurance policies that pay claims based on an “occurrence.” Occurrence policies have cost… Continue Reading

Signifcant Mass Tort Bankruptcy Issues in the W.R. Grace Asbestos Chapter 11 Case

Posted in Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Insurance Coverage for Tort Claims
Significant mass tort bankruptcy issues are being contested as the W.R. Grace asbestos chapter 11 case moves deeper into its phased confirmation hearing. Subsequent posts will touch on some of the issues and pleadings. Two issues are of perhaps greatest overall note. First, multiple objectors are arguing that Grace in fact is solvent, and so… Continue Reading