Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for May, 2012

Posted In: Uncategorized

Lawyers Who Ignore the Confidentiality Provisions in a Settlement Agreement Do So at Their Peril

A very high percentage of cases involving insurance settle.  That means settlement agreements and releases get executed.  Settlement agreements frequently contain a clause requiring parties to keep the terms confidential…

Read More »

Posted In: Policy Construction

Exclusions Cannot Create Coverage – No Coverage for Claim by Independent Contractor’s Employee

After Jose Romero toppled from a ladder at a building undergoing renovations, he sued the building’s owner.  Romero allegedly had been hired as a day laborer by a subcontractor.  The…

Read More »

Posted In: Uncategorized

Fair Labor Standards Act Coverage

Fair Labor Standards Act (“FLSA”) cases are being brought with increasing frequency, and the damages are not insignificant.  Whether there is insurance coverage for such claims is also being litigated…

Read More »

Posted In: Uncategorized

Lawyers Make the Worst Insureds

Lawyers’ malpractice coverage is typically written on a claims-made basis.  That means lawyers must report “claims” against them during the policy period or they lose coverage when they are later…

Read More »

Posted In: Construction Defects

Floor Subsidence Caused By Leaky Pipe Is Not “Earth Movement” But Insurer Can Pursue Fraud Defense Unearthed During Discovery

A pipe bursts in a warehouse.  Water seeps under the concrete floor and the floor sinks.  The warehouse owner is covered for the damage to the floor even though the…

Read More »

Posted In: Policy Construction

Labels Can Be Misleading – – – On Products and In Policies

When the insured was sued for falsely labeling its juice as “pomegranate” by a competitor, it turned to its insurer to defend.  The insurer turned to its exclusion labeled “Antitrust…

Read More »

Find an Attorney