Insurance Law Alert, February 2012
This Alert addresses decisions relating to the allocation of defense and indemnity costs, an excess insurer’s duty to defend, the scope of business interruption coverage, and an insurer’s right to restitution of settlement payments from a policyholder. We also discuss a New York decision that overrules previous precedent regarding the timeliness for issuing coverage disclaimers and a federal appellate court decision dismissing a class action against several insurers on jurisdictional grounds. In addition, we summarize case law regarding the admissibility of expert testimony in insurer bad faith actions. Finally, we analyze several noteworthy arbitration-related rulings and two significant decisions in the bankruptcy context. We hope you will continue to turn to the Alert for the latest developments in insurance and reinsurance law.