January 2010 Dec Page   Question of the Month    There are a number of items common to daily living that cause difficulty to insurers…

Bad Faith, Consumer Protection Claims Dismissed Where Insured Committed Fraud against Insurer   In Ki Sin Kim v. Allstate Ins. Co., Inc., 2009…

Assault by Taxi Driver Not Caused by “Use” of Insured Taxi   In Morell v. Star Taxi, 2009 WL 2526158 [C.A.6 (Ky.)], taxi passenger Morell…

Products and Completed Operations Hazard Defined We have been looking at the definition of products-completed operation hazard in the CGL form and we…

Fire or Smoke as Cause of Loss October 19, 2009 Our insured has a CP 00 10 04 02 and the special causes of loss form, CP 10 30 04 02.He is a doctor…

Prior Publication Exclusion Bars Coverage in Trademark Infringement Action   In Kim Seng Company v. Great American Insurance Co. of New York, 2009…

Prior Knowledge Exclusions in Excess Policies Bar Coverage of Legal Malpractice Claims   In Executive Risk Indem. Inc. v. Pepper Hamilton LLP,…

December 2009 Intro Page No. 967 December 1, 2009 Dec Page   The question of the month in the Dec Page deals with one of the ways to manage risk…

December 2009 Dec Page Question of the Month One of the ways to manage risk exposures is through the purchase of insurance. Yet, for various reasons,…

Duty to Notify Insurer of Water Damage under the PAP November 30, 2009 The claim at issue has a date of loss of end of 2008. Although the insured is…