Under most states’ laws, a policyholder’s failure to report a claim to the insurer within the time prescribed by a claims made liability insurance policy will compromise coverage. A late notice scenario that recurs all too often involves an employer that loses coverage for an employment discrimination lawsuit by failing Read More
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
Many commercial property/business interruption insurance policies contain a contractual limitations period that prohibits a policyholder from suing the insurer more than 12 or 24 months after the insured loss occurred. Most states have longer statutes of limitations, but in some states, the statutory period may be only a year or Read More
On August 27, 2018 the United States Court of Appeals for the Seventh Circuit held that the owner/operator of a retirement community, or under the terminology of the Fair Housing Act (“FHA”), the “landlord,” was liable under the FHA for failing to take appropriate remedial action in response to the Read More
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