Binding Authority: Insurance Coverage Decisions Issued Today - Impact Tomorrow
For over four years Randy Maniloff published Binding Authority, an award-winning e-mail newsletter that provided summaries and in-depth analysis of just-issued significant insurance coverage decisions. A careful selection process ensured that only decisions that addressed coverage issues of broad interest were featured. Randy retired Binding Authority in 2012 to pursue his Coverage Opinions newsletter.
2012 Issues
- October 6, 2012 -- Binding Authority: So Long, Farewell, Auf Wiedersehen, Goodnight
- September 23, 2012 -- Duty to Fender Bender: Connecticut Federal Court Held That Umbrella Insurer Had A Duty to Defend An Auto Claim (even while a defense was provided under the unexhausted primary policy)
- August 24, 2012 -- Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World; Will More Money Now, Err, Flo?
- August 21, 2012 -- Chrissie Hynde’s Favorite Coverage Issue: Pretenders Defense Costs; California Federal Court’s Decision Is Not In The Middle Of The Road
- August 9, 2012 -- California Supreme Court Issues Long-Awaited Allocation Decision: Adopts The "One Giant ‘Uber Policy’" Approach
- July 28, 2012 -- Illinois Federal Court: No Defect In Construction Of Sub-Contractor Exclusion
- June 25, 2012 -- Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
- May 19, 2012 -- District Court Makes Illi-noise Whether Policy Language Can Alter A Long-Standing Duty To Defend Rule; Court Prevents Insurer From De-fending For Itself
- April 15, 2012 -- At A Loss For Words: 7th Circuit Defines “Loss” Without Needing Any Words From the Policy; Posner: No Coverage For the Return Of Money That The Insured Was Never Entitled To
- April 8, 2012 -- Contractor Says Oh-CIP: I’m Not Enrolled In The Wrap-Up; Louisiana District Court Addresses Wrap-Up Policy Enrollment
- April 1, 2012 -- New York State Of Bind For Policyholder: District Court Does Not Allow General Contractor To Reach The “Subcontractor Exception”
- March 22, 2012 -- Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation
- March 16, 2012 -- Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever?
- March 6, 2012 -- Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant
- February 28, 2012 -- Eastern District of Pennsylvania Issues a Significant Kvaerner/Gambone Decision; Fourth Circuit Court of Appeals Issues the Most Significant Coverage Decision of 2012 -- Addressing Coverage for Pre-Existing Duties
- February 22, 2012 -- The Hanging Chad of Coverage Issues: Any Insured Versus The Insured; Florida Federal Court Uses A Tiny Thing To Make A Big Decision
- February 17, 2012 -- Linsurance Coverage: The Issue That Everyone Is Talking About
- January 25, 2012 -- Insured In The Hole: Prisoner Working In The Kitchen Is Not A Volunteer; 24601 Unique Case
- January 18, 2012 -- Texas Appeals Court: Insurer Has Duty to Defend Austin Power; Dr. Evil For Insurers: A Duty To Defend Standard That Is A Mystery
2011 Issues
- December 27, 2011 -- A Lesson As Old As The State’s Crustaceans: Maine High Court Teaches The Challenge That Insurers Face In Duty To Defend Cases
- December 17, 2011 -- The Duty To Defend Is Coming To Town: 10th Circuit Uses “Extrinsic Evidence” To Sleigh Insurer
- November 17, 2011 -- Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees; Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.?
- October 27, 2011 -- Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue; “Sub-Contractor” Exception Applies – But Not To A Sub-Contractor’s Own Work
- October 15, 2011 -- Magic Mushrooms: Florida District Court Opens Its Mind Wide Open To The “Fungi” Exclusion
- September 17, 2011 -- Chilly Reception: Virginia Supreme Court Rejects Coverage For Power Plant For Damages Allegedly Caused By Global Warming
- August 22, 2011 -- Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims; South Carolina Supreme Court Withdraws Crossman Communities and Allows Coverage for Consequential Damages of Construction Defects; Court Adopts Time on the Risk Allocation
- August 20, 2011 -- Continuous Trigger: The ShamWow Of Coverage Issues - Sucking Insurers Dry Of Much More Than Would Seem Possible; Federal Court Rejects Continuous Trigger For Construction Defects
- June 22, 2011 -- Jungleland: New Jersey And The Duty to Defend; Big Man-ifesto From The Supreme Court Applying A Broad Duty to Defend
- June 19, 2011 -- Book 'em Danno-ccurrence: Hawaii Passes Law To Address Coverage For Construction Defects; Governor signs bill sort-of defining "occurrence" in the Aloha State
- June 4, 2011 -- Cu-miss: United States Supreme Court Passes On Chance To Address CGL Coverage Issues
- May 20, 2011 -- Is Emotional Injury "Bodily Injury?": Emotions For Summary Judgment Keep Answering The Question
- May 7, 2011 -- Faulty Workmanship By State Legislatures: The Next Stage For Construction Defect Coverage; For Policyholders: Arkan-saw the Way
- April 16, 2011 -- A Rare Occurrence: PA Policyholder Wins A Faulty Workmanship (Kvaerner) Case And Here's To You Robinson Fans; Heaven Holds A Place For Those Who Pray
- April 7, 2011 -- Naan Bread. Make That No Bread For Policyholder; 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant
- April 4, 2011 -- Between A Clock And A Hard Case: Insurer Faced With Time Limit Demand To Settle For Policy Limits For One Insured And Not Another
- March 4, 2011 -- Don't Mess With Texas's Duty to Defend: High Court Continues To Adhere To Its Unique Rule That The Duty To Indemnify Is Broader Than The Duty To Defend
- February 23, 2011 -- New York's Highest Court Perplexcess Insurers; Asbestos - But More; If the Decision Can Make it Here, it Can Make it Anywhere
- January 28, 2011 -- Peach Clobber: Georgia Appeals Court Knocks Out The "Assault & Battery" Exclusion; Another Court Uses the Presumption of Self-Defense to Find Coverage for an A&B Claim
- January 22, 2011 -- Seven Mississippi Rush: State's Appeals Court Allows Excess Insurer to Get Two Hands On Negligent Defense Counsel
- January 16, 2011 -- Sweet Carolina For Insurers: Good Times Will Never Seem So Good For Construction Defect Claims; South Carolina Supreme Court Significantly Limits The Scope Of CD Coverage
