Insurance coverage litigation is a lot like improv. You often deal with uncertain underlying facts, and you need to adapt quickly on the fly. One of the more difficult coverage claims to litigate is the “mysterious disappearance” claim. It seems there are a lot of claims out there where nobody knows exactly when something went …
In most jurisdictions, an insurer’s duty to defend is determined based on what is commonly referred to as the “eight corners rule”. Under the eight corners rule, the only relevant pieces of information when determining the duty to defend are the coverage promises contained within the four corners of the insurance policy and the allegations …
Disputed hurricane and windstorm insurance claims have been a common occurrence in Florida and the southeast U.S. Unfortunately, businesses and residents in New York and New Jersey face the prospect of similar coverage battles after the waters from Sandy subside. The destruction left by post-tropical storm Sandy may not rival Hurricane Katrina, but likely will …