ISSN:1040-6026    

DOI:10.1080/10406029709383871

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Washington State's Insurance Commissioner, Deborah Senn, promulgated insurance regulations (the “Regulation") for the handling of environmental claims. Their purpose is to minimize costly and lengthy litigation and provide insurers and policyholders with standards of conduct: Although insurance companies agree with the underlying intent of the Regulation, there area number of provisions that appear likely to increase litigation. There are numerous vague and ambiguous terms in the Regulation which will require resolution within the court system. The Regulation is also inconsistent with Washington law on key substantive issues including the burden of proof pertaining to lost policy issues and the extent of an insurer's duty to defend. In addition, the imposition of onerous record‐keeping requirements on insurers presents a new burden and will likely result in increased premiums for the insurance‐buying public in Washington.

ISSN:1040-6026    

DOI:10.1080/10406029709383872

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

An insurer may face legal consequences when failing to defend an insured. For example, a failure to respond in a timely manner to a tender of defense by apolicyholdermay be an unfair claims settlement practice. This article discusses these consequences and the situations in which they may arise. Specifically, it addresses the possible remedies for breach of contract arising from a failure to defend. It then describes when, if ever, an insurer's breach affects its right to assert policy defenses to its duty to indemnify. Finally, the article discusses what, if any, policy conditions are waived by an insurer's failure to defend.

ISSN:1040-6026    

DOI:10.1080/10406029709383873

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

The owned property exclusion in most comprehensive general liability policies limits coverage for property damage to injury to property other than property owned by the insured. Insureds faced with environmental contamination on their own property have attempted to obtain coverage for the remediation of their property by arguing that the owned property exclusion does not bar coverage because the insured's on‐site remediation is necessary to prevent imminent damage to a third party's property or future damage to a thirdparty's property. In addressing the owned property exclusion, courts have reached different conclusions. While the analyses of the cases that have addressed the issue are varied, this article examines two recent cases that address the more common approaches to the meaning and effect of the owned property exclusion. In a decision from the Supreme Court of Delaware, the court focused on traditional principles of contract interpretation and applied the exclusion as written. In a case decided by Maryland's intermediate appellate court, the analysis focused largely on public policy as a justification for finding that the exclusion did not apply. This article compares and contrasts the two analyses.

ISSN:1040-6026    

DOI:10.1080/10406029709383874

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Environmental insurance coverage disputes are frequently settled by a policy buyback, whereby the insurer repurchases its coverage from the insured. As appealing as such a settlement may seem, basedon the certainty of the resolution, the insurer's subsequent attempt to cede such losses to its reinsurers may raise a host of new issues that serve not only to resurrect the underlying coverage dispute but also to subject the insurer's cession decisions to intense scrutiny. This article examines such issues in the context of a hypothetical fact pattern and discusses the evidence, arguments, and legal principles that will likely govern the resolution of such environmental reinsurance coverage disputes.

ISSN:1040-6026    

DOI:10.1080/10406029709383875

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Courts continue to confront allocation issues in insurance coverage litigation. Once a court determines how progressive losses will be allocated among multiple triggered policies, it must then decide whether and to what extent losses should be allocated to the insured for damage or injury that took place during periods in which there was no insurance. This article analyzes the most recent allocation decisions and discusses their impact on future coverage litigation. In addition, this article highlights those decisions that address the issue of allocation to the insured for damage or injury that took place during uninsured periods. The article concludes by noting that while apro‐rata time‐on‐the‐risk allocation approach represents the majority trend, some courts are still willing to hold that each triggeredpolicy must respond in full, up to the policy limits, with allocation among the insurers via the. “other insurance” clauses.

ISSN:1040-6026    

DOI:10.1080/10406029709383876

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

摘要:

Insurance companies vigorously contest and litigate insurance coverage for pollution claims filed under the insurance policies they have sold their policyholders. A number of courts, however, at both the state and federal levels have determined that policyholders have insurance coverage for pollution‐type claims under the personal injury provisions of their liability insurance policies. Nevertheless, considerable debate continues in the courts regarding the scope of personal injury coverage. This article surveys numerous cases that have presided over the issue of whether environmental claims are covered by personal injury insuring provisions, and whether the pollution exclusion is applicable to those claims.

ISSN:1040-6026    

DOI:10.1080/10406029709383877

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383878

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383879

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029709383880

出版商:Taylor & Francis Group    

年代:1997

数据来源: Taylor