Claims Journal » Burke Coleman

The Insurer’s Duty to Provide Independent Counsel in Alaska

Burke Coleman — Wed, 01 May 2013 06:56:52 +0000

This is part two of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Read Part 1. Alaska imposes a broad duty on insurers to provide independent counsel for the insured …

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The Insurer’s Duty to Provide Independent Counsel in California

Burke Coleman — Wed, 03 Apr 2013 05:10:07 +0000

This is part one of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Under liability insurance policies, an insurer has a duty to indemnify the insured for loss as well …

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Court Determines Priority of Coverage Where Employer is Vicariously Liable

Burke Coleman — Wed, 06 Mar 2013 16:09:20 +0000

A California appellate court recently clarified the priority of coverage where multiple insurers are implicated for the acts of a negligent employee. In GuideOne Mutual Insurance Company v. Utica National Insurance Group, 2013 Cal. App. LEXIS 148, the court held …

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Courts Continue to Struggle with Attorney-Client Privilege and Work-Product Doctrine

Burke Coleman — Mon, 18 Feb 2013 00:00:00 +0000

The previous year saw a number of important cases interpreting and developing the application of the attorney-client privilege and the work-product doctrine in the context of insurance claims. Insurers and insureds consistently assert and challenge these protections in coverage disputes, …

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Agent Liability for Insurer Insolvency

Burke Coleman — Wed, 06 Feb 2013 06:49:29 +0000

Agents’ errors and omissions (E&O) policies provide protection for agents for certain negligent acts committed in their professional capacity but may exclude coverage for liability related to an insurer’s insolvency. These “insolvency exclusions” typically exclude coverage if the agent places …

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South Dakota Court Rules Against ‘Owned-But-Not-Insured’ Exclusion

Burke Coleman — Thu, 03 Jan 2013 19:23:50 +0000

With the South Dakota Supreme Court’s decision in Wheeler v. Farmers Mut. Ins. Co. of Neb., 2012 S.D. 83, the state joined a number of other states in invalidating “owned-but-not-insured” exclusions in uninsured motorist policies. The court held that South …

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Insurer Must Show Prejudice to Enforce Proof of Loss Provision in California

Burke Coleman — Wed, 05 Dec 2012 06:22:42 +0000

A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …

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Ohio Supreme Court Determines Defective Construction is Not Covered by CGL Policy

Burke Coleman — Wed, 07 Nov 2012 14:01:34 +0000

The Supreme Court of Ohio recently held that defective construction is not an “occurrence” covered under a commercial general liability policy. The decision clarifies an issue on which lower appellate courts had been split, but the court’s broad ruling was …

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Recent Cases Explore Scope of Auto Use Exclusion

Burke Coleman — Mon, 15 Oct 2012 00:00:00 +0000

A number of recent cases provide insight into the application and interpretation of auto use (or motor vehicle) exclusions generally present in a homeowner’s policy. Auto use exclusions typically preclude coverage for injury or damage arising out of the ownership, …

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Circuit Courts Affirm Strict Construction of Flood Insurance Policies

Burke Coleman — Wed, 03 Oct 2012 06:48:28 +0000

Two recent circuit court decisions affirmed that national flood insurance policies are to be strictly construed and are not subject to the flexible standards applied to private insurance policies. The National Flood Insurance Program (NFIP) was created because the private …

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Natural Gas Driller and Insurer Dispute Coverage for Fracking Claim

Burke Coleman — Wed, 05 Sep 2012 16:51:26 +0000

One of the first lawsuits implicating insurance coverage for a fracking-related claim is under way in Ohio. Warren Drilling Co., Inc. v. ACE American Ins. Co., No. 2:12-cv-425 (S.D. Ohio 2012) will be the first case to determine how insurance …

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New York Court Finds Ambiguity in Exception for Explosions

Burke Coleman — Wed, 01 Aug 2012 15:50:55 +0000

A New York appellate court recently issued one of the more interesting policy interpretation decisions, highlighting the importance of clearly drafted policies and exhibiting the well-settled principle that any ambiguity in a policy should be construed liberally in favor of …

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Georgia Court Allows Insured to Recover Cost of Repair and Loss in Value

Burke Coleman — Fri, 06 Jul 2012 08:59:35 +0000

The Georgia Supreme Court recently faced the question of whether an insured could be compensated by its insurer for both the cost of repair and the diminution in value of damaged real property. The issue was one of first impression …

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Third Circuit Interprets ‘Arising Out Of’ Clause for UM Benefits Broadly

Burke Coleman — Wed, 06 Jun 2012 14:37:41 +0000

For uninsured motorist coverage to apply, vehicle liability policies provide that the injury to the insured must be “caused by accident and arise out of the ownership, maintenance, or use of an uninsured auto.” The “arising out of” clause defines …

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New York’s Approach to Apportioning Defense Costs Among Multiple Insurers

Burke Coleman — Thu, 03 May 2012 16:31:32 +0000

Insurers in New York have an “exceedingly broad” duty to defend their policyholders against any claim that is potentially covered by the policy. Regal Constr. Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 930 N.E.2d 259, 261 (N.Y. …

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