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22 Jul, 2014

HOW TO HANDLE OVERLAPPING INSURANCE – Part I

2018-04-23T20:59:42-05:00July 22nd, 2014|Complex insurance coverage, Concurrent coverage, Midwest Insurance Law Guide|

DO BOTH POLICIES APPLY? We cannot definitively answer this questions, dear Readers, without analyzing both policies in order to determine whether the polices insure: 1.  The same entities; 2.  The same interest in the same property; and 3.  The same risk.    See, American Family Mut. Ins. v. Regent Ins. Co., 288 Neb. 25, 41 (Neb. S. Ct. May 2, 2014). It is not necessary that the policies provide identical coverage in all [...]

24 May, 2013

4 TIMES WHEN YOU SHOULD ARGUE FOR YOUR CHOICE OF INSURANCE COUNSEL

2018-04-23T20:59:44-05:00May 24th, 2013|Commercial General Liability (CGL), Complex insurance coverage, Midwest Insurance Law Guide, Product liability, Railroad indemnity|

Sometimes a policyholder can insist upon his own choice of defense counsel.  And submit the bill to the carrier to pay.  I highly recommend this practice, especially in cases where a sophisticated defense is needed such as railroad, products liability, and airplane lawsuits.  Here are four situations when choice of counsel is warranted: 1.     The insurer has waived its right to select counsel.  Courts are almost universal in finding a conflict of interest arises  [...]

25 Jan, 2013

EXTENDING ADDITIONAL INSURED COVERAGE BY COURT OPINION

2018-04-23T20:59:45-05:00January 25th, 2013|Additional insured coverage, Commercial General Liability (CGL), Complex insurance coverage, Contract liability coverage, Indemnity clauses, Insurance contract, Midwest Insurance Law Guide, Property and casualty|

I often discuss the role of the courts in broadening coverage for additional insureds in a Commercial General Insurance (CGL) policy.  Here is another case where a court has extending coverage – probably well beyond what the underwriter intended at the time the policy was issued.   In the case of Evanston Ins. Co. v. ATOFINA Petrochemicals, Inc., 256 S.W.3d 660, 666 (Tex. 2008), ATOFINA contracted with Triple S Industrial [...]

22 Jan, 2013

MUTUAL WAIVER OF SUBROGATION CLAUSES

2018-04-23T20:59:45-05:00January 22nd, 2013|Commercial General Liability (CGL), Complex insurance coverage, Construction liability, Construction subrogation, Midwest Insurance Law Guide, Mutual waivers|

Because they are more and more commonly used, it is worth our time to look into these clauses and understand how they affect both the policyholder and the insurance company.  Let’s start with discussing what these clauses mean.    What is a mutual waiver of subrogation clause?  These clauses are commonly found in construction and landlord tenant contracts.  The language insists that the parties to the contract mutually agree to waive [...]