Many businesses have large deductible (e.g., $500,000, $1,000,000, or more) casualty insurance programs encompassing commercial general liability, product liability, business auto or workers comp/employers liability insurance coverages. Depending on the program structure, the insurer may provide first dollar coverage and charge the business client back for the deductible. Under this Read More
Sublimits are one of the most common sources of consternation for our business clients. A “sublimit” is a lesser insurance limit of liability that applies to a specific type of loss and is included within the larger, generally applicable, limit. Here are some common examples: a fiduciary liability policy may Read More
The Kansas Tort Claims Act, K.S.A. §§ 75-6101 to 6120 (“KTCA”) addresses sovereign immunity for Kansas governmental entities. K.S.A. § 75-6104 identifies the types of functions and claims as to which state and local governmental entities (and employees acting within the scope of governmental employment) are immune from liability. As Read More
In an April 10, 2019 post, Katie Bechina and I explained how cashing the insurer’s check might eliminate rights to additional insurance proceeds under a legal doctrine called “accord and satisfaction”. See [permalink] In short, we said that, if the insurer and the insured have a bona fide dispute and Read More
Most commercial policyholders have some understanding of Fiduciary Liability Insurance, which covers the sponsors and fiduciaries of employee benefit plans against ERISA and similar state law claims. In addition to liability insurance coverage, these policies often provide first-party coverage for certain attorneys’ fees, and IRS fines and penalties associated with Read More
