Should I Cash the Insurer’s Check?

In the midst of a coverage dispute, an insurer will often issue a check to the policyholder for less than the amount the policyholder contends is due. On these occasions, the policyholder will ask, “Should I cash the check?” The policyholder’s legitimate fear is that cashing the check will eliminate Read More

Kansas Supreme Court Rules that Insurer’s Failure to Timely Reserve Rights may Expand Scope of Coverage

In October 2018, the Kansas Supreme Court ruled that a liability insurer may be estopped (or in plain English, prevented) from denying coverage because of its failure to issue a timely reservation of rights letter, even if the estoppel results in the expansion of coverage beyond the scope provided under Read More

Excess Follow Form Policies: Basics, Issues and Tips

Management liability insurance programs for larger companies (i.e., D&O, E&O, Fiduciary, and Employment Practices) are typically structured in a “tower” form comprising different vertically stacked layers of coverage. The first layer is a deductible or self-insured retention (SIR). The second layer is the “primary policy” that typically will have per Read More