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Coverage Opinions
Effective Date: January 29, 2014
Vol. 3, Iss. 2
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Declarations: The Coverage Opinions Interview With Alan Dershowitz
Alan Dershowitz told me how he chooses his cases, what are some pitfalls of being a celebrity lawyer, whether he’d like to try stand-up comedy and what he thinks of insurance companies. And then I hit him with what may be the craziest constitutional law question ever asked.

Coverage Opinions Caption Contest
Who doesn’t love a caption contest? And for this one the prizes come direct from Hollywood -- donated by one of the insurance industry’s biggest celebrities.

Randy Spencer’s Open Mic: There Is No J In The Pollution Exclusion
Over the past three decades courts have addressed whether just about anything and everything is a pollutant for purposes of the pollution exclusion. But there is one exception.

Magic Johnson Follows Lakers Tradition And Enters Insurance World
Magic Johnson has taken a stake in a life insurance company. But he did not respond to my question whether he knew that he was continuing the Lakers's tradition of playing a part in the insurance world.

Appeals Court Provides Detailed Discussion Of Allocation Between Covered And Uncovered Claims
Another court provides a reminder that, no matter how well-done you think your reservation of rights letter is, it is not going to enforce itself. Insurers need to take steps to achieve allocation between covered and uncovered claims.

Measuring The Bull’s-Eye On Target’s Back: Lessons From The T.J. Maxx Data Breach Class Actions
For some guidance on how the Target class actions may play out, look at the settlement of the class actions for the T.J. Maxx data breach. That the judge overseeing the T.J. Maxx data breach class actions stated “Simply put, the class action vehicle is broken” does not bode well for Target.

The Target Data Breach: Some Preliminary Thoughts On Coverage And The Real Insurance Impact
It won’t be long before insurance coverage becomes a front and center issue in the Target data breach. The coverage issues that arise under D&O insurance, for shareholder suits, are well tested. Much less is known about how any general liability and cyber coverage may respond to various claims filed against Target. But “coverage” will not be the biggest insurance story to come out of the Target situation.

Asbestos: The Cal Ripken, Jr. Of Mass Torts
Read This Asbestos Case – Even You Do No Asbestos Work

Even if you do no asbestos work, you are certainly involved, in some manner, with the civil justice system. The recent Garlock decision, called “breathtaking” by one long-time NYT editorial page columnist, is a good lesson in how the system both works and doesn’t.

Federal Appeals Court Turns Uncovered “Disgorgement” Into Covered “Damages” -- Insurer Unable To Rely On Level 3
Insurers have generally done well convincing courts that an insured cannot obtain insurance coverage for having to return something that it was never entitled to keep in the first place. One court found a way to rule otherwise.

Court Provides A Detailed Discussion Of How To Achieve “Additional Insured” Cost Sharing For Construction Defect
The coverage issues surrounding construction defect can be complex enough. But there is sometimes another layer of complexity -- how to resolve coverage owed to a general contractor when numerous of its subcontractors were obligated to afford it additional insured status. One court’s solution to this unwieldy cost sharing situation is so thorough that it may become a case that other courts choose to follow.

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