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The three E's - estoppel, evidence and Elvis

Article Abstract:

Policyholder complaints have changed since the New Jersey Supreme Court decided that the doctrine of regulatory estoppel prevented enforcement of an insurance contract exclusion in 1993. The doctrine allows policyholders to claim that carriers can not enforce clear exclusions because of some contrary statements to state regulators by insurance industry representatives. Policyholders also use regulatory estoppel frequently to introduce complaints full of what would be inadmissible according to the rules of pleading.

Insurance industry, Column, Estoppel

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Paula Jones, President Clinton and the duty to defend

Article Abstract:

Paula Jones' sexual harassment lawsuit against President Bill Clinton illuminates the insurance companies' so-called duty to defend. Insurers that cover Clinton are obligated to pay for the costs of the litigation. Some state courts apply the law on the duty to defend to the fullest extent. Harsh penalties are imposed on companies that breach this obligation. Understanding this principle, Clinton has used his umbrella policy to cover his legal expenses for the Jones case.

Cases, Clinton, Bill, Duty of care (Law), Jones, Paula

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Infringing on AIL policies

Article Abstract:

Holders of advertising injury liability (AIL) insurance policies are attempting to include patent and trademark infringement suits as part of the coverage. Currently, AIL policies cover claims related to advertising. Policyholders are trying to to stretch the legal definition of the terms 'advertising injury' and 'advertising activities' to be inclusive in infringement cases. Several cases related to this legal approach are also presented.

Copyright, Copyrights, Advertising, Trademarks, Liability insurance

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