Unconditional Payments Interrupt Prescription for Louisiana First-Party Claims March 13, 2026 By Ezra Amacher Unconditional payments—payments made without condition or reservation of rights, such as settlement offers—restart the clock on the standard two-year prescriptive...
Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas November 6, 2023 By G. Brian Odom, Isabella “Bella” R. Arciba and Michael C. Upshaw The Texas Legislature this year adopted House Bill 1900, which amends the notice requirements for non-renewal and policy changes in...
Viewpoint: Some Insurers are Delaying Payment on Ransomware Claims October 21, 2021 By Lynda Bennett and Michael Scales Ransomware attacks are on the rise. Cyber criminals continue to exploit lax security measures, which have become more acute in...
Nevada Supreme: Insurer Entitled to Reimbursement for Defense Costs if No Coverage Owed March 15, 2021 By Jim Sams An insurer that paid to defend a policyholder against a lawsuit, but determined later that no coverage was owed, is...
Controlling the Defense in Massachusetts December 20, 2017 By Steven Plitt In One Beacon America Insurance Co. v. Celanese Corp., 94 Mass. App. Ct. 382, 84 N.E.3d 867 (Mass. App. 2017),...
Washington Court Further Clarifies Defense Counsel’s Role in ROR Defense January 10, 2017 By Steven Plitt The Washington Court of Appeals recently found (Arden v. Forsberg & Umlauf, P.S., 193 Wash.App. 731, 373 P.3d 320 (2016)),...
No Homeowner Liability Coverage for an Insured’s ‘Negligent’ Assault, Even if Insured Was Intoxicated January 3, 2017 By Richard Wolf Nicholas Fiocchi sued Ronald Zatyco for assaulting him after a verbal argument between them at a bar earlier the same...
Mastering the Blue Ridge Settlement Reservation of Rights, Part 1 November 29, 2016 By David Ezra For decades, California insurers have been told they have a duty to accept reasonable settlement demands within their policy’s limits....
When is a Claim For Reimbursement of Defense Costs Ripe? December 14, 2015 By Steven Plitt The California Court of Appeals recently considered the question of when an insurer’s claim for reimbursement of defense costs is...
Can an Insurer Seek Reimbursement for Uncovered Defense Costs Directly From Cumis Counsel? December 1, 2015 By Steven Plitt Numerous jurisdictions have recognized an insured’s right to independent counsel where a conflict of interest exists between the insured and...