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Coverage Opinions
Effective Date: March 5, 2014
Vol. 3, Iss. 4
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Not Again: Insurer Gives Away $1 Million+ In Free Insurance
(If You Don’t Intend To Cover Products,
Don’t Put A Products Aggregate On The Dec Page)

Another court – this one a supreme court -- provides a strong warning to insurers: If you do not intend to provide coverage for products liability, then do not include a Products Aggregate limit on the Dec Page. Second insurer in the past year pays a very large products claim because of this error in issuing its policy.

Randy Spencer’s Open Mic
I’m Not Lion: The Coverage Case Involving Cats That You Must Read

There are tons of coverage cases involving dogs. As for cats – they are almost non-existent. But a California appeals court just decided one – and it is a fun one. It is the coverage case equivalent of playing with a ball of yarn.

Declarations: The Coverage Opinions Interview With Gary Zipkin –
The Coolest Coverage Lawyer In America

Before you start complaining about how brutally cold this winter has been, just realize that it could be so much worse. Coverage Opinions sits down with Gary Zipkin. He has been practicing coverage law in Anchorage, Alaska for 40 years. I set out to learn from Alaska’s Insurance Lawyer of the Year for 2013 what makes practicing coverage law in Alaska different from the rest of the country. The answer – a lot of things.

Tapas: Small Dishes Of Insurance Coverage News And Notes
Welcome to the inaugural edition of the Tapas column – where small dishes of insurance coverage news and notes are served. In this column: West Virginia high court issues a very pro-insurer ruling; An appeals court allows discovery of claims files in other claims; Appeals court says that outside counsel’s coverage opinion is discoverable; and Here’s a data breach article that addresses an issue different from most.

Salisbury: Just Say No To Moral Hazard
Carl Salisbury, co-editor of the Kilpatrick Townsend “Global Insurance Recovery Blog,” pens an excellent post on why courts should stop using moral hazard in judicial analysis of the availability of insurance coverage. After all, fire insurance policies do not inspire people to play with matches.

New York’s Highest Court Considers Giving Policyholder Insurance Of Last Resort
If an insurance broker is legally responsibility for a coverage deficiency, then the broker’s errors and omissions policy may fill the void. That being so, the broker’s E&O policy can sometimes be an insured’s policy of last resort. When you look at it this way, a broker liability case is a coverage case with a different name. New York’s highest court shows that the high burden for succeeding on such a claim is not insurmountable.

High Court Provides A Warning On The Wishy-Washy Disclaimer Letter
If an insurer is disclaiming coverage, and especially a duty to defend, where it will not be retaining counsel, then it should say so using language that makes that point clearly and beyond doubt. If a decision to disclaim coverage is being made, it is because coverage is not owed – not because it “may not” be owed.

Just How Many Cyber Policies Are Floating Around Out There?
(Not Nearly As Many As You Are Being Told)

It is frequently reported that 31% of U.S. companies have a cyber liability policy. However, I believe that this number is grossly overstated, which has led to a false impression about the current take-up rate of cyber or data breach insurance policies

Responding To A Reader And Taking Another Look At Lipsky v. State Farm (Emotional Injury As Bodily Injury)
In the last issue of Coverage Opinions I concluded that, following the Pennsylvania Supreme Court’s decision in Lipsky v. State Farm, Pennsylvania now has much needed Supreme Court authority on the question whether emotional injury qualifies as a sufficient injury for purposes of triggering ‘bodily injury’ coverage.” I heard from a Coverage Opinions reader who took issue with that conclusion.

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