December 21, 2022 | New York Law Journal
What Does an 'Exceedingly Broad' Duty To Defend Mean in 2022?The law in most jurisdictions, including New York, is that an insurance company's duty to help and defend its policyholder is "exceedingly broad." This article discusses what "exceedingly broad" means today by highlighting two recent cases: 'Aspen Specialty Ins. Co. v. NCMIC Risk Retention Group' and 'Stoncor Group v. Peerless Ins. Co.', which provide a helpful barometer for policyholders.
By Bruce Strong and Earl A. Kirkland
6 minute read
April 02, 2020 | Insurance Coverage Law Center
This Time Is Different: Core Bankruptcy Jurisdiction for Insurance Coverage Lawsuits for Coronavirus-Related ClaimsIn these cases, insurance policies are often placed into a reorganization trust for the benefit of creditors who are then left to fend for themselves against often recalcitrant insurance companies.
By Mark D. Silverschotz and Bruce Strong
8 minute read
July 03, 2017 | New Jersey Law Journal
NJ Applies Majority Rule Allowing Free Assignability of InsuranceThe New Jersey Supreme Court has returned to the rule of free assignability of insurance assets and summarily remanded a case that had allowed assignment.
By By Pamela D. Hans and Bruce Strong
8 minute read
January 26, 2016 | The Legal Intelligencer
Liability Insurance Rights Can Follow the LiabilityCorporate deal lawyers had for many decades designed corporate acquisitions and divestitures on the long-held foundation that historical rights to insurance proceeds were freely assignable, and that the rights to the proceeds of liability insurance could freely follow the liabilities.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read
December 14, 2015 | New York Law Journal
Liability Insurance Rights Can Follow the LiabilityWilliam G. Passannante, Cort T. Malone and Bruce Strong of Anderson Kill write: The 2003 decision in 'Henkel Corp.' severely impeded companies involved in corporate acquisitions and divestitures by enforcing consent-to-assign clauses even though policy periods had expired and the right to insurance already had accrued. In 2015, California reversed course in 'Fluor' and restored the ability of corporations to freely assign the rights available under insurance policies after a loss.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read
December 11, 2015 | New York Law Journal
Liability Insurance Rights Can Follow the LiabilityWilliam G. Passannante, Cort T. Malone and Bruce Strong of Anderson Kill write: The 2003 decision in 'Henkel Corp.' severely impeded companies involved in corporate acquisitions and divestitures by enforcing consent-to-assign clauses even though policy periods had expired and the right to insurance already had accrued. In 2015, California reversed course in 'Fluor' and restored the ability of corporations to freely assign the rights available under insurance policies after a loss.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read