Defense cost reimbursement to insurers when lack of coverage is established after reservation of rights

Article Abstract:

Insurers are entitled to recover defense costs from policyholders when it is later determined that the claim in question was not covered by the policy, if the insurer engaged in a reservation of rights. There is little case law on this topic, but precedents from California and Michigan are considered, along with contradictory precedents.

Costs (Law), Legal fees

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ERISA preemption laws and RICO: litigation against life and health insurers

Article Abstract:

The author discusses policyholder claims under the Racketeer Influenced and Corrupt Organizations Act against life and health insurers. The relationship between RICO claims and the preemption of state law claims under the Employee Retirement Income Security Act of 1974 is analyzed.

States, Employee benefits, Organized crime

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Finding a threshold: when conflicts of interest warrant the duty to provide independent counsel

Article Abstract:

The authors discuss the duty of insurance companies, when in situations of conflict of interest, to provide independent counsel to insurers.

Right to counsel, Conflict of interests (Agency), Conflicts of interest (Agency)

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