Peter S. Selvin | Insights & Successes Conflicts between an insured and defense counsel appointed by the insurer often lead to disputes about whether the insured is entitled to counsel of its choosing. See Simonyan v. Nationwide Insurance of America, 78 Cal.App.5th 889, 2022 WL153894 (2022). More broadly, where a liability carrier has assumed its insured’s defense under… Continue reading Resolving Disputes Between Insurer and Insured in Liability Cases
Tag: Insurance Disputes
In Review: the Legal Framework for Insurance Disputes in USA
Summer Craig and Susannah S. Geltman | Simpson Thacher All questions The legal framework i Sources of insurance law and regulation The regulation of insurance in the US is primarily performed by the states. In 1945, the US Congress passed the McCarran-Ferguson Act, which provides that ‘No Act of Congress shall be construed to invalidate,… Continue reading In Review: the Legal Framework for Insurance Disputes in USA
First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Mary Beth Forshaw | Simpson Thacher Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute, 28 USC section 1332(a). In… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Settling Into Defeat
Irwin R. Krumer and David A. Pisunic | The CLM Magazine | March 2017 Is an Unhealthy Aversion to Risk Keeping Insurers from Punching Back in Court Civil trials have become a rarity in recent years. The perception that defense costs have increased has placed a premium on settling cases that insurers previously used to… Continue reading Settling Into Defeat
Mudslide Did Not Cause Building to Explode
Charles Mathis | Property Insurance Coverage Law Blog | September 28, 2016 Back in May of 2014, I wrote a blog post entitled: Stranger Than Fiction: Property Insurance Policies Do Not Cover…Exploding Corpses!!?! Today, I write on a more recent case out of Colorado.1 What do they have in common, you ask? Both cases deal… Continue reading Mudslide Did Not Cause Building to Explode