Insurance law falls into three major categories. First, the insurance company will hire lawyers to represent the insured in case they are sued for something related to their insurance contract. These are known as “insurance defense attorneys.” The second category of insurance law helps insured people determine when an insurance company must pay a claim. Third, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations, which can vary by state.
Topics: Coverage disputes, insurance bad faith, cases, news, perspectives, and practices.
“Cyber Space” Insurance–Part Three
Supplement to Parts #1 & #2 Regarding In theory, at least, an insurance policy could be restricted to one or more"virtual world(s)," instead of cyberspace. In the area of insurance, if something can be done in theory, it is likely to be done...
Cyber-Insurance & “Established Insurance” Compared–PART #2
All insurance involves the transfer of risk(s). One party (or one group of parties) obtains value protection from losing--in some matter--something valuable. This loss can come about in a variety of ways: a ring is stolen, a key is permanently "misplaced," a whole...
Creations and Insertions into Existing Contracts Part II
In my last post on insurance law, I discussed the idea that it is not possible to create formerly non-existing clauses or coverages in an already existing policy, i.e., insurance contracts. I wrote on only what is all, or virtually all, the problem, namely, when the...
Semantic Creations for Existing Contracts. Part I.
The Possibility of Creation by Insureds for Already Existing Contracts Michael Sean Quinn* It is sometimes said that new components of an already existing insurance policy--a contract of insurance--cannot be "created." It is worth thinking about this pithy but...
Business Income Policies: “Suspension of Operations” (S&O) Clauses
For obvious reasons, "Loss of Business Income" (S&O) insurance policies are commercial contracts of insurance. Insurance for losses of business income are usually attached to, whether as separate parts or as parts of an integrated whole first party policy, such as...
Duty to Cooperate
All or virtually all contracts of insurance contain language requiring the policyholder to cooperate with the insured in a variety of ways. Most of these pertain to situations in which the policyholder has made a claim. Another way to put the essence of this matter...
Insurer Bad Faith–Difficulties or Paradoxes?
This entry focuses solely on insurer bad faith (IBF) as it arises out of disputes as to coverage and therefore how the policy should be determined. It is not about any other component of IBF, e.g., the adequacy or inadequacy of investigations. Obviously, if an...
Some Relevant Insurance Contracts of Dewey’s
COMPANY COVERAGE CNA (and various insurers at Lloyds)*Professional Indemnity XL Insurance- HartfordManagement Liability OneBeaconExcess Management Liability Iron-StarrExcess Management Liability Great Northern Insurance CompanyGeneral Liability Employee Benefits...
Dewey, the “Defunct” & Management Liability Insurance
There has been lots of news coverage regarding the collapse of Dewey & LaBoeuf, including the why, the who is responsible, the who is getting hurt (both outsiders and insiders), the how’s of senior management, and the questionable activities of a slew of lawyers....
THE “ONE CLIENT VIEW” v. THE “TWO CLIENT VIEW”
In the area of liability insurance and the defense lawyer selected by the insurer, there has been a controversy for many years about who all the defense lawyer represents. Obviously, s/he represents at least one of the defendants who is insured, or not an insured but...
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