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Coverage Opinions
Effective Date: October 6, 2014
Vol. 3, Iss. 14
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Declarations: The Coverage Opinions Interview With Laurence Tribe
His New Book; The Next Supreme Court Justice; Justice Obama?; The Handicapper; Boehner vs. Obama; Getting Into Tribe’s Head; A Constitutional Right To A Hibiscus Bush
Today is the first day of the United States Supreme Court’s new term. On this occasion there could not be a more appropriate subject for the Coverage Opinions interview than the leading constitutional scholar in America -- Laurence Tribe of Harvard Law School.

Coverage Opinions Celebrates 2nd Anniversary

Randy Spencer’s Open Mic
The Thank You Wave And Insurance Coverage

A driver fails to get a thank-you wave after letting another driver proceed at a 4-way intersection. Incensed, he attacks the other driver -- And then gets coverage for it. You won’t believe how.

Principles Have An A.L.Eye On The “Innocent Co-Insured” Rules:
Set Sights On Adoption Of The Minority Position

The scorecard nationally is 24-11 in favor of no coverage for “innocent co-insureds,” when an exclusion applies to “an insured” or “any insured,” even if the policy contains a separation of insured’s clause. Despite this landslide, the ALI is seeking to adopt the minority view.

Declarations: The Coverage Opinions Interview With Doug Banfelder Of Premier Dispensary Insurance
Getting Into The Weeds On Insuring The Marijuana Industry
Twenty-three states and D.C. have legalized marijuana for medical use in some form. And, of course, it is legal for recreational use in two states. Legalized marijuana creates an enormous number of challenging insurance issues. Insurance broker Doug Banfelder, of Premier Dispensary Insurance, specializes in placing coverage for various types of businesses involved in the marijuana industry. He provides a fascinating and eye-opening discussion.

Another Ineffective Reservation Of Rights Case
Another court has addressed that not all reservation of rights letters are effective. An ROR that does not “adequately inform” the insured of the issues may not be worth much.

UPS Says No Insurance For A Driver Being UPSet When His Customer Is Sprayed With Bullets

Appeals Court Makes New Law: Insurer Must Pay Interest On Settlement After 30th Day Without Payment

Insurer’s Unwillingness To Sign A Protective Order In An Underlying Case Leads To Discovery Of Its Reserves
The discoverability of an insurer’s reserve information is an issue that does not come with a straightforward, yes or no, answer. Here the insurer was required to turn over reserve information, but for a seemingly unique reason.

Broker May Be On The Hook For Insured’s Failure To Provide Timely Notice Of A $5M Claim
A broker that promises to educate its client’s employees may face hefty consequences for failing to do so.

Pollution Exclusion And Lead:
Supreme Court Declines To Follow Some Others’ Lead

Tapas: Small Dishes Of Insurance Coverage News And Notes
·5th Circuit Addresses Excess Insurer’s Bad Faith Claim Against Primary

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