August 20, 2024 | The Legal Intelligencer
'Conditional Duty to Indemnify' in Pa.: An Insurance Company's Duty to Pay a SettlementAn insurance company's duty to defend carries with it a conditional duty to indemnify a settlement reached prior to judgment. When an underlying action is settled, there are often unresolved factual questions. In almost all circumstances, Pennsylvania law does not permit a trial of those facts in an insurance declaratory judgment action.
By Timothy P. Law and Lisa Szymanski
8 minute read
November 10, 2022 | The Legal Intelligencer
Insurance Coverage for Settlements Follows the Duty to DefendWith regard to settlements, particularly those reached prior to trial, an insurance company's liability for a settlement will follow its duty to defend. If the insurance carrier owes a duty to defend, and the settlement resolves that potentially covered liability, the settlement will be deemed covered under Pennsylvania law.
By Timothy P. Law
8 minute read
July 27, 2022 | The Legal Intelligencer
Personal Injury Insurance Coverage: Insuring Intangible RightsThis article discusses the broad scope of Coverage B, particularly for violations of intangible rights and intentional torts, which many businesses (and their attorneys) incorrectly assume are uncovered.
By Timothy P. Law
8 minute read
January 11, 2022 | Insurance Coverage Law Center
Third Circuit Finds Advertising Injury Coverage for Competitor ClaimsThe circuit court's opinion stated that Vitamin Energy carried its burden to show that it was entitled to a defense, noting that Pennsylvania law imposes a "broad duty" on insurers to defend lawsuits brought against their insured.
By Timothy P. Law
7 minute read
November 04, 2021 | The Legal Intelligencer
Protecting Your Insurance Rights When Your Insurance Company Becomes InsolventBedivere holds the historic environmental and asbestos liability insurance obligations of numerous other insurance companies, primarily OneBeacon and Commercial Union. Policyholders have until Dec. 31, to file proof of claim forms in the Bedivere liquidation. Failure to comply with deadline could prevent recovery.
By Timothy P. Law and Christopher D. Molony
7 minute read
March 30, 2021 | Insurance Coverage Law Center
Pennsylvania Liquidation of OneBeacon and Commercial Union InsuranceA discussion of the aftermath of the insolvency of a prolific and historic insurer.
By By Timothy P. Law, John N. Ellison and Shruti D. Engstrom
9 minute read
May 15, 2020 | Connecticut Law Tribune
Are COVID-19 Claims Covered? It Depends on the AllegationConnecticut's high court concluded, "[a]lthough HBV is contagious, and can be transmitted through means outside the work place, for dental hygienists it is a disease so distinctly associated with their profession that the necessary causal connection is present."
By Timothy P. Law and Esther Y. Kim
7 minute read
May 12, 2020 | Insurance Coverage Law Center
Insurance Coverage for Employment Claims Arising from COVID-19These cases might help to set the precedent for handling COVID-19 workers' compensation cases in the near future.
By Timothy P. Law and Esther Y. Kim
7 minute read
April 23, 2020 | Insurance Coverage Law Center
PA Supreme: Does Coverage Apply for Allegations of Unintentional ShootingAn attorney who represented United Policyholders as amicus curiae in this matter provides an analysis of a decision that reaffirms PA's broad duty to defend.
By Timothy P. Law
5 minute read
May 09, 2019 | Insurance Coverage Law Center
Pennsylvania Supreme Court Considering Insurance Coverage for ShootingsThe Pennsylvania Supreme Court has heard oral argument about liability insurance coverage for shootings - a case with important implications, given that the Court will be interpreting the term “occurrence” that appears in virtually every commercial general liability insurance policy.
By Timothy P. Law
4 minute read
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