Articles by Bates & Carey Attorneys:

 
Cedent Cannot Rely on “Advice of Counsel” If Cedent Withholds Attorney-Client Communications From Reinsurer
 
Retrocessionaire Need Not “Follow the Settlements” of Reinsurer
 
B&C Argues Pro Rata Allocation to N.H. Supreme Court
 
Coverage for Repairing and Replacing an Insured’s Defective Work Under a Commercial General Liability Policy – 50 State Survey (PDF)
by Robert S. Marshall
 
An Excess Insurer’s Right, But Not Duty, to Participate in Settlement of a Claim (PDF)
by Maria G. Enriquez and Krista C. Sorvino
 
Florida Court Holds Securities Damages Are Uninsurable “Ill Gotten Gains”
 
Pollution Exclusion Decisions: First Quarter 2007 (PDF)
by Adam H. Fleischer
 

Discovery Issues in Reinsurance Disputes (PDF)
by Robert J. Bates, Jr. and James L. Wideikis
 
B&C: Michigan appellate court finds no advertising injury coverage for copyright claims
 
2006 D&O Decisions of Interest (PDF)
 
B&C: Court Dismisses $7M Claim, Finding Underlying Settlement Not in Reasonable Anticipation of Covered Loss
 
Illinois Supreme Court Rejects “Notice-Prejudice”
 
B&C: Mass. Court Rules No Coverage for Restraint of Trade
 
 
 
When is an Insured Entitlted to Independent Counsel?
by Jonathan T. Viner
 
D&O Decisions 2005: Year in Review (PDF)

 
"Pre-Packagaged" Asbestos Settlement Does Not Trigger Insurer Obligations
 
MSJ Granted on Property Insurance Claims that Violate Two-year Contractual Limitation Provision
 
When do Multiple Claims Constitute a Single Occurrence?
 
Is Tide Turning in Mass Tort Suits?
 
Summary of Recent Fidelity Coverage Cases
 

50 State Survey on Reimbursement of Defense Costs Expended Defending Uncovered Claims
by Robert S. Marshall and Patrick Bedell

 

D&O: Does Insurer's Rescission Claim Freeze Duty to Advance Defense Costs?
 
Coverage Issues Raised by E-mail and the Internet (PDF)
by Adam Fleischer, Mark Sheridan and Daniel Graham
 

Electronic Discovery: An Overview and Practical Pointers
by Joseph P. Lang and James Baffa
 
No "Spike" Against Excess Without  Consideration of  Settled Primary
 
Everything You Always Wanted to Know About the Pollution Exclusion (PDF)
by Robert J. Bates, Jr., and Arthur F. Brandt
 
The Consequences of Self Insured Retentions
by Robert S. Marshall
 
Bates & Carey expert testimony aids reinsurance win in Aon World Trade Center arbitration
 
Cedent entitled to reinsurance for claims submitted 20 years after accidents
 
Trends in Securities Class Action Settlements (PDF)
 
 High Infidelity: Employee Theft and Dishonesty Coverage (PDF)
by Frederick W. Stein
 
Advertising Injury Coverage and Fortuity (PDF)
by Robert S. Marshall  
 
Court Holds No Duty To Settle Owed Between Excess Insurers
 
Class Action Fairness Act: Superficial Changes or Real Progress?
 
Supreme Court Superfund Decision May Impact Insurance Coverage
 
Insurance Claims for "Blast Faxes": Why the Courts Have it Wrong (PDF)
by Adam H. Fleischer
 
Texas Court Allows Excess Insurer to Pursue Primary Insurer for Failure to Settle
 
Fifth Circuit Affirms Broad Application of Personal Profit Exclusion in D&O Policy
 
Ninth Circuit Finds Coverage By Broadly Defining "Professional Services"
 

Settlement Credits in "All Sums" Jurisdictions (PDF)
by Maria G. Enriquez and Michael Baird
 

The Captive Quandary and the Duty of Utmost Good Faith (PDF)
by Adam H. Fleischer
 
U.S. Tort Reform and the Implications on ok Insurance Risks Within the U.S. Market (PDF)
by Richard H. Nicolaides Jr.
 
Court Finds Insurers Breached Their Duty to Defend "Additional Insured"
 
Harsh Penalties On The Way for E-Discovery Violations 
 
Court Denies Coverage for Motorist Acting Outside Scope of Employment
 
Reinsurer Does Not Have To Follow Cedent’s Decision on Multiple Limits
 
Vermont Supreme Court Rules “True” Excess Policy Does Not Pay Until Exhaustion Of Primary Policy With Excess “Other Insurance” Clause
 
Patent Claims Not Covered as Advertising Injury
Insurance Coverage Litigation - Reinsurance - Commercial Litigation - Insurance Policy and Contract Drafting - Professional Liability Analysis - Claims Counseling and Mediation - Alternative Dispute Resolution


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