The timing of an "occurrence" and the duty to defend
Every once in awhile, we come across a case that calls to mind the formal legal term: “Eeeeww.” Here’s one that’s now before the New Jersey Supremes, and that (if you can get past the ghoulishness)...
View ArticleWhat is an "occurrence"?
When I started in this business at Anderson Kill back in the 1980s (when the firm was still Anderson Russell Kill & Olick, P.C.), junior lawyers (including me) would do anything, and I mean...
View ArticleThe "Eight Corners" Rule and the Duty to Defend
One of the issues that frequently comes up in complicated third-party cases is: How far outside the underlying complaint does the carrier have to go to determine whether coverage exists? New Jersey...
View ArticleInsurance coverage for cyberliability
At the end of this month (January 26, to be exact), assuming that the Mayans remain incorrect, I’ll be doing a presentation to the New Jersey Institute for Continuing Legal Education on the topic of...
View ArticleDetermining the number of "occurrences"
There’s an old story about famous Greek orators. When Demosthenes would speak, the people would say, “My, what a pretty speech!” But when Cato would speak, the people would say, “On to Carthage.”...
View ArticleCompleted operations coverage for construction defects
When I was in grammar school, the class wise guy was a kid named Nicky DeLuca. One day, we were in gym class, and the coach was trying to teach us the importance of fundamentals in basketball. “You...
View ArticleWhen is a "reservation of rights" letter enforceable?
Lawyers and insurance companies are forever reserving their rights. Sometimes I think it’s a reflex action against ever being forced to take an actual position. But in the world of insurance...
View ArticleConstruction Defects and the "Your Work" Exclusion
My old law partner Carl Salisbury is on the warpath against carriers' efforts to escape construction defect coverage. He has some interesting things to say about a recent pro-carrier South Carolina...
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