Hunton Insurance Recovery Blog

In a recent opinion addressing cross‑motions for summary judgment, a Pennsylvania state court set forth a clear holding that policyholders may recover post-judgment interest under excess liability insurance policies only when the policy language expressly says so—and only when the stated conditions are met. The decision underscores the importance for policyholders to thoroughly examine the defense and payment provisions outlined in their insurance policies.

This summer, in Yacullo v. AIG Property Casualty Company, the United States District Court for the Southern District of California held that an insurer’s violations of the state’s insurance regulations “is a factor that may be considered by a jury” in determining whether the insurer acted in bad faith. The case should serve as an important reminder to policyholders to carefully consider state-specific insurance regulations when asserting a bad faith insurance coverage claim against their insurers.

Benchmark Litigation has named insurance coverage partners Andrea DeField and Geoffrey Fehling to the publication’s 40 & Under List. Benchmark Litigation is the definitive guide to America’s leading litigation firms and attorneys. The 40 & Under List honors the most notable up-and-coming litigation attorneys in the United States. Those named to the list have proven their eligibility as individuals at the partner level of their respective firms who are 40 years of age or younger.

Directors and officers (“D&O”) liability insurance policies typically include provisions that aim to treat two or more “related” claims as a single claim, back dating the later claim to the date the original claim was first made. Whether two or more claims are, in fact, “related” frequently leads to coverage disputes since the outcome can have significant coverage implications by shifting claims into or out of a particular policy period. Because policies change from one year to the next and can have different insurers, retentions, limits, sublimits, exclusions, and other terms, questions about relatedness can have an outsized effect on the availability and scope of coverage.