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Spring 2008 VOL. 16 NO. 1

On The Edge
By Eugene Wollan
Governor Spitzer's Departure: What Remains on the Table
By James Veach
San Francisco Jury Trial Returns Verdict
By Ellen G. Margolis
As Sea Level Rises, So Does Corporate Risk (Part I)
By John F. Parker, Greg D. Wyles, and Joseph Fanning
Wasa v. Lexington - The War Between England and the American Colonies has Officially Ended
By Robert E. Wilder and Sarah E. Rouse
Florida's Misinterpreted, Misguided and Misunderstood Attorneys' Fee Statute
By Ira S. Bergman
Did I Say $107,000? I Really Meant $17,000... My Bad!
By Marc E. Haas
Burning Down the House: The Inferred Intent and Innocent Spouse Rules
By Greg D. Wyles

Winter 2007 VOL. 15 NO. 4

Judge-Made Law
By Eugene Wollan
Receiver Proposes to Pay Union Indemnity's Policyholders
By James Veach
Peralta v. Figueroa, 2007 NY Slip Op 52184(U) (Kings Co. Sup. Ct. Nov. 14,2007)
By Daniel Markewich and Brianne Biggiani
Court Tells Plaintiff to Ski at Her Own Risk
By Frank J. DeAngelis
Recent Developments In Patent Law and Infringement Lawsuits - Not So Obvious Concerns For Directors and Officers
By Angelo G. Savino and Jacqueline K. Seidel
Plain Meaning
By Rochelle R. Watson
How Sudden Is "Sudden?"
By Michael P. Coleman

Fall 2007 VOL. 15 NO. 3 

Caught In The Draft
By Eugene Wollan
NAIC Shifts Course But Sails on Toward New Credit for Reinsurance Rules
By Jim Veach
Chauvin v. State Farm Fire & Cas. Co.: The U.S.C.A. Fifth Circuit Affirms Insurers' Approach to Louisiana's Valued Policy Law
By Mark S. Katz

Summer 2007 VOL. 15 NO. 2

We Just Don’t Get No Respect (With apologies to Mr. Dangerfield)
By Eugene Wollan
Ruling in Fight over NY Comptroller’s Subpoenas May Have Huge Unintended Consequences
By James Veach
Building Catastrophe Litigation
By Mark J. Weber and Deanna M. Manzo
Circuit Courts Curtail Availability of Class Certification in Securities Litigation
By Angelo G. Savino
Follow The Settlements: Under What Circumstances is it Applicable to Allocation and Aggregation Determinations?
By Robert E. Wilder
“A Spot Transaction by Any Other Name....”
By David Kenna and Victoriya Blackhall
More on Policy Construction
By Michael L. Blauvelt
Looking Back at Previous Articles
By Michael L. Blauvelt

Spring 2007 VOL. 15 NO. 1

Where There’s A Will…
By Eugene Wollan
AIRROC Matters Special Editor
James Veach
MCWG Successfully Overturns Multimillion Dollar Verdict
By Jeffrey C. Crawford and Renee M. Plessner
NAIC Contemplates New Credit for Reinsurance Rules: The REO Proposal
By James Veach
Federal Rules Amended for Electronically Stored Information (ESI)
By Bruce Kaliner
Aztar — Summary of Order Denying Motion to Compel Reserve and Reinsurance Discovery
By Mark S. Katz and Thomas A. Southwick
Breaking the Mold on Mold Claims: Plaintiffs Burned by Frye Standard
By Kenneth R. Lange
Did the Earth Move?
By Michael L. Blauvelt

Winter 2006 VOL. 14 NO. 4

Midland Insurance Company, in Liquidation: Twenty Years Later, Focus Turns to Reinsurers
By James Veach and Lloyd A. Gura
Risks Not Taken
By Eugene Wollan
You Have a Duty to Read This Article…
Innocence At Large
By Michael L. Blauvelt
Insurer Must Pay Expenses Incurred to Prevent Subsequent Damage
By Deanna M. Manzo

Fall 2006 VOL. 14 NO. 3

A Myth is as Good as a Smile
By Eugene Wollan
Avian Flu: Assessing the Risk
By Lawrence S. Greengrass and William C. Kolb
Timing of Option Grants and D&O Liability
By Angelo G. Savino and Russell A. Witten

Summer 2006 VOL. 14 NO. 2

Settling Down
By Eugene Wollan
When Torts, Immigration Law Collide II” — The New York Court of Appeals Weighs In
By John F. Parker & Russell A. Witten
Are Certificates of Insurance Worth the Paper They’re Printed On?
By Frank J. DeAngelis
Replacement Cost
By Miles Holden

Spring 2006 VOL. 14 NO.1

A Modest Proposal or “Take My Witness...Please”
By Eugene Wollan
Molestation Claims — Legislative and Judicial Developments Regarding the Statute of Limitations
By Lloyd Gura and Douglas Eisenstein
When Torts, Immigration Law Collide — The Courts Struggle to Find Just Remedies When Undocumented Workers are Injured on the Job.
By John F. Parker & Russell Witten
The Reinsurance Response to Ceding Carriers’ Attempts to Aggregate Losses From Different Types of Underlying Policies in Order to Pierce the Retention Limit
By Olga Sekulic
Against All Precedent: The First Circuit’s Decision In Marie v. Allied Home Mortgage Corp.
By Sanjit Shah


Winter 2005 VOL. 13 NO.4
Calhoun Vivat
by Eugene Wollan
Managing Metadata
by Bruce R. Kaliner
Reinsurance and Reserve Information Discoverable
by Thomas Southwick
Business Interruption Coverage
by Andrew J. Weinstein
Roofing Concerns
by Jodi S. Tesser
Aggregated Jurisdictional Amount
by Elaine F. Harwell

Fall 2005, VOL. 13 NO.3

Oh, I Didn't Mean That - Reformation and Other Insurance Tales
by Costantino P. Suriano
Period of Restoration for Business Income Loss: Actual or Theoretical - Only the Judge Knows for Sure
by Frederic R. Mindlin
Off-Premises Defense Washed Up? Two Courts Rule for Plaintiffs on Second-hand Asbestos Claims
by William D. Wilson
Late Notice in New York
by Brad E. Feigenbaum
Mold Exclusion Held Ineffective
by Olga Seculik
Mold Strikes Again
by Gretchen Henninger

Summer 2005, VOL. 13 NO.2

War of Experts
by Eugene Wollan
When is Nonrenewal Permissible
by Frank J. DeAngelis
Really Late Notice
by Eric Voigt
Strict Interpretation of Civil Authority Provision
by Gina Pellegrino
Failure to Comply with a Reasonable EUO Demand Bars Coverage
by Jonathan M. Proman
Excess Insurer's Right to Challenge Exhaustion of Underlying Policies for Asbestos Claims is Limited
by Paul S. Danner

Spring 2005, VOL. 13 NO.1

“You May Cross-Examine”
By Eugene Wollan
Special Consideration on Accessing Capital Markets in the United States
By Albert J. Pinzon, Michael R. Koblenz and Thomas R. Weinberger
Escaping the Draft - A Caution to Lawyers and Experts Preparing Expert Reports
By Mia S. Temech
The Travails of a Lloyd's Name
By Kristen Hackford
Settlement Clause Knocks Nonsettling Insurers Out of the Game
By Fabio M. Gomez
Mold Exclusions in Insurance Policies: The Complex Balance Between the Application of the Anti-concurrent Provisions and the Proximate Cause Doctrine
By Laure A. Fourteau
Hurricane Damage Results in Face Value Liability for Wind Insurer
By Dawn L. Goldberg

Winter 2004, VOL 12, NO.4

Mix and Match
By Eugene Wollan
The Many Faces of the Sophisticated User Defense
By John F. Parker and Maria C. John
The Future That Did Not Come
By Aaron F. Fishbein
Minnesota Federal Court Interprets Scope of “Period of Restoration” Under Business Interruption Policy
By Jacqueline K. Seidel
Physical Damage Cannot be Measured in Par
By Joshua L. Milrad
Ninth Circuit Rules on Loss in Progress
By Raymond S. Mastrangelo

Fall 2004, VOL. 12, NO. 3

Black and White from the John Liner Review
By Eugene Wollan
Negligent Spoliation of Evidence: New York Court of Appeals Speaks Out
By Frederic R. Mindlin
Professional Liability Insurance Coverage
By Ellen M. Spindler
Insurer Prevails on the Meaning of “Collapse"
By Antoinette Banks
Reinsurers Can Avoid Payments Because of a Breach of Warranty
By Christine Wong

Summer 2004, VOL 12, NO. 2

On a Jag from the John Liner Review
By Eugene Wollan
Courts Differ on Defect Exclusion
By John Mezzacappa
SARS: First-Party Insurance Coverage for SARS and Other Infectious Diseases
By Jeffrey S. Weinstein and Mark S. Katz
Depositions of Non-Party Witnesses
By Robert E. Wilder
Consolidations of Arbitrations Under the Federal Arbitration Act
By Barry Bassis
Arbitration: Saying No To Mean Yes
By Allison J. Gigante
Ensuing Losses
By William C. Kolb
Annualization of Claims
By Paula M. Tziavragos

Spring 2004, VOL. 12, NO. 1

Reinsurance Specialist Reflects on 47 Years from BestWeek
By Barbara Bowers, BestWeek
The Expanding Role of Contingent Business Interruption Insurance
By Bruce R. Kaliner
Do Arbitrators Have the Power to Impose Confidentiality
By Lawrence S. Greengrass and Brigitte M. Nahas
Mold: An Insurance Overview, Part 1
By Jeffrey S. Weinstein and Douglas K. Eisenstein
Mold: An Insurance Overview: Part 2
By Jeffrey S. Weinstein and Douglas K. Eisenstein
The Time Factor in Business Income Loss Insurance
By Frederic R. Mindlin and Mark S. Katz
Inadequate Reserves as a Basis for Rescission
By Barry Bassis
New Hampshire Federal Court Overrules Defendant’s Venue Objection
By Daniel J. Endick

Fall / Winter 2003

Travel Notes From All Over from the John Liner Review
By Eugene Wollan
Getting Rid of Mold, Fungus and Rot
By Hilary M. Henkind
Looming Asbestos Liabilities Raise Coverage Questions
By Lloyd Gura and Barry Bassis
Electronic Data Need Careful Handling
By Bruce R. Kaliner
When is a Novation Not a Novation?
By Kenneth R. Lange
“Follow the Form” Clauses
By Suresh N. Coelho

Summer 2003, VOL.11, NO.1

(Un)Fair Game from the John Liner Review
By Eugene Wollan
Checklist for the Careful Commuter
By James Veach
Insurer Tries to Avoid Arbitration Clause But District Court Won’t Bite
By Andrew Weinstein
Dispute Over Reinsurance Proceeds Is Arbitrable Thanks to Arbitration Clause in Related Novation Agreement
By Andrew Weinstein
Buried Construction Debris-Appellate Court Refuses to “Settle” for Trial Court Rationale
By Jamen Michael Lachs

Winter 2001, VOL.9, NO.4

Direct Actions Against Equitas: The Debate Continues
By Maria Fazzolari
Following the Fortunes Down an Ever Widening Road
By Allison J. Gigante
The Long Arm’s Reach in the Current Global Marketplace
By Jason M. Lesko
What’s All the Civil Commotion About?
By Renee Plessner
Auld Lang Syne from the John Liner Review
By Eugene Wollan
Defamation in Cyberspace
By Jeffrey S. Weinstein and Alyssa DeSimone

Fall / Winter 2001, VOL.10, NO.2

In Minnesota, Failure to File Proof Of Loss Within 60 Days Is Not An Automatic Bar to Recovery
By Bernadette K. Kirwin
To Follow Or Not To Follow
By James M. Dennis
Insect Infestation & “Ensuing Damages” Interpreted Under Homeowners Policy
By Daniel J. Endick
Vince Had it Right from the John Liner Review
By Eugene Wollan
The Chicken and the Egg from the New York Law Journal
By Costantino P. Suriano

Spring / Summer 2001, VOL.10, NO.1

When Is An Agent Not An Agent?
By Brian F. Boardingham
Cracking Up
By William C. Kolb
Sinking Sinkholes
By David A. Nelson
What Is “Property Damage” in Wisconsin?
By E. Tim McAuliffe, Jr.
Following Foolish Fortunes from the John Liner Review
By Eugene Wollan

Fall 2000, VOL.9, NO.3

Concurrent or Consecutive Causation in Property Insurance Claims
By Aaron F. Fishbein
New Jersey Appellate Court Adopts Manifestation Trigger for First-Party Claims
By William D. Wilson
Late Notice and Prejudice
By Lauren G. Dome
A Claim By Any Other Name Still Is A Claim
By David W. Kenna
“To Arbitrate or Not to Arbitrate” from Global Reinsurance
By Lawrence S. Greengrass and Michael H. Goldstein

Summer 2000, VOL.9, NO.2

District Court Watches Its Pro-Coverage Decision Slip Sliding Away
By David W. Kenna
Fifth Amendment - A Sword & A. Shield for Insureds?
By Maria C. John
Trigger of Business Interruption Coverage
By Elisa T. Gilbert
Employer Liability in New York: A Disappearing Concept
By John F. Parker and Alyssa DeSimone
By Cup Boileth Over from the John Liner Review
By Eugene Wollan
“Unique Weather Claims: Snow Removal, Sue & Labor, and Ingress and Egress"
By Costantino P. Suriano

Spring 2000, VOL.9, NO.1

In A New York Minute
By Joseph W. Ferraro
Limits on Unigard
By David S. Mahaffey
I Swear to Tell the Truth - Misrepresentations on Insurance Applications
By Hilary M. Henkind
Innocence Has Nothing To Dread, Or So It Seemed
By Doreen Cronin
New Jersey Appellate Court Holds Underlying Insurer Not Liable To Excess Insurer For Bad Faith Refusal To Settle First-Party Claim
By William D. Wilson
“Nothing New Under the Sun?” from the John Liner Review
By Eugene Wollan

Winter 1999, VOL.8, NO.4

When Is A Leak Not A Leak
By Frank J. DeAngelis
Cooperation Clause v. The Fifth Amendment And The Winner is
By Lauren G. Dome
Unintended Consequences Of An Intentional Act Can Constitute An Occurrence
By Aaron J. Fishbein
California Maximizes Coverage for Continuous Property Damage
By Diane E. Goldberg
A View From the Colonies from the John Liner Review
By Eugene Wollan

Fall 1999, VOL.8, NO.3

Go Ask My Lawyer
By Renee Plessner
Limits On The Long Arm Of The Law
By David S. Mahaffey
Sub-Contractor Is Not A Co-Insured
By David W. Kenna
In Good Hands
By David W. Kenna
Allocation of Continuous Damage Losses from the Journal of Insurance Coverage
By Stuart Cotton and Philip C. Silverberg

Summer 1999, VOL.8, NO.2

A Pleading By Any Other Name Is Just A Pleading
By Lauren G. Dome
Conflicts of Interest: Hawaii Supreme Court Rejects Cumis Counsel Doctrine
By Joseph W. Ferraro
No Bootstrapping Permitted
By Aaron F. Fishbein
When Is An Occurrence Not An Occurrence When It Is A Breach Of Contract
By Lloyd A. Gura
Chart(er)ing A Course: Another Reinsurance Milestone from the John Liner Review
By Eugene Wollan

Spring 1999, VOL.8, NO.1

Fire And Ice
By David S. Mahaffey
Work Product Privilege Applies to Reinsurance Documents In Illinois
By David W. Kenna
Contamination Is Not Pollution
By Erach F. Screwvala
A Modern Collapse
By Doreen Cronin
Turning the Corner from the John Liner Review
By Eugene Wollan
Y2K: A First-Party Perspective from Mealey’s Litigation Report
By Jeffrey S. Weinstein and David W. Kenna

Winter 1998, VOL.7, NO.4

Southern District of New York Applies New York Insurance Law Section 1213 to Strike Unauthorized Pleadings For Failing to Post Security
By Elisa T. Gilbert
The Argonaut Decision: A Federal Court Declines an Invitation to “Rewrite” an Arbitration Agreement Provision Regarding the Selection of Arbitrators
By Diana E. Goldberg
A Portion of the Loss
By Michael T. Altman
Texas Loosens Its Grip on Insurers with Respect to Bad Faith Claims
By Christina M. Wood
Sing a Song of Reinsurance from the John Liner Review
By Eugene Wollan

Fall 1998, VOL.7, NO.3

Support Your Local Arsonist Or the Tilted Playing Field in New York
No Author Cited
Has the Flood Exclusion Been Washed Away
By Aaron F. Fishbein
Innocent Co-Insurers
By Hilary Henkind
Follow the Fortunes - But Not for Ex Gratia Payments
By Mitchell D. Otto
Jury Selection in Insurance Fraud Trials
By Mitchell S. Cohen
A Less Known Right from the John Liner Review
By Eugene Wollan

Summer 1998, VOL.7, NO.2

Claims of Failure to Pay By Reinsurers Not Arbitrable
By Todd A. Bakal
Arbitration Agreements: Ninth circuit Upholds Judicial Review in Deference to Terms of Parties’ Agreement
By Jennifer Cheesman
A Blow To The Known Loss Doctrine
By Lauren G. Dome
Reinsureds’ Obligation Under the Uberrimae Fidei Doctrine
By Kevin F. Buckley
Now They’re Liable, Now They’re Not; NRG Victory Re’s Victory
By Renee Plessner
McCarran-Ferguson — Not! from the John Liner Review
By Eugene Wollan

Spring 1998, VOL.7, NO.1

U.K. Arbitrators Construe Hand-Written Settlement Agreement
By Mark S. Katz
Who Says Being a “Creep” is an “Inherent Vice”? A Judge in New York
By Frank J. DeAngelis
Quackenbush
By Joyce D. Dillon
Is an Arbitraiton Panel a “Tribunal”?
By David W. Kenna
New York Federal Judge Holds Multiple Deductibles Applies to Pollution Spills
By Ronnie A. Rifkin
Too Little, Too Late
By Marilu Cain
Kissing Cousins or Distant Relations from Mealey’s Litigation Report: Reinsurance
By Michael H. Goldstein
Almost a Juror from the John Liner Review
By Eugene Wollan

Fall/Winter 1997, VOL.6, NO.6

In-House Counsel: The Ethical Dilemma
No Authors Cited
Rock and Roll But Not an Earthquake
No Authors Cited
New York Court of Appeals Extends Effectiveness of Lease Subrogation Waiver Provisions
No Authors Cited
Loss Allocation
No Authors Cited
When Is a Precedent Not a Precedent? from the John Liner Review
By Eugene Wollan
Bellafonte Lives from Mealey’s Litigation Report: Reinsurance
By Michael H. Goldstein

Summer 1997, VOL.6, NO.4

First-Party Coverage for Environmental Claims: Limited to Policy Coverage Period
No Authors Cited
A Long-Tail Property Insurance Claim: Payment to Mortgagee Questioned Sixteen Years Later
No Authors Cited
In Personam Jurisdiction
No Authors Cited
Union Indemnity: A $48 Million Settlement Wipes out $200 Million in Reinsurance
No Authors Cited
IN MEMORIAM
“Innocent” Loss Payees Victims of Insured’s Misrepresentations from the John Liner Review
By Eugene Wollan

Winter 1996, VOL.6, NO.3

Second Circuit holds that New York’s six-year statute of limitations does not run in a reinsurance contract action until the reinsurer refuses to pay
No Authors Cited
New York Superintendent of Insurance pares down and rewrites his Department’s Insurance regulations and circular letters
No Authors Cited
New York appellate court confirms arbitration awardBy only one of three panel members
No Authors Cited
Subrogating insurer allowed to settle with and release wrongdoer while its insured’s suit against the same wrongdoer is pending
No Authors Cited
The House of Lords to decide whether cedants must “actually pay” claims ceded to excess of loss treaties before their reinsures must indemnify
No Authors Cited
Spring 2008 VOL. 16 NO. 1
MCWG ClientAlert March 6, 2008
Follow The Settlements: Under What Circumstances Is It Applicable To Allocation And Aggregation Determinations?
Reinsurance Law Update Issue No1
Winter 2007, VOL 15. NO. 4
Fall 2007, VOL. 15 NO. 3
Summer 2007 Vol 15 No 2
Spring 2007 Vol 15 No 1
Winter 2006 Vol. 14 No. 4
Fall 2006, VOL. 14 NO. 3
Summer 2006, VOL. 14 NO. 2
Spring 2006 VOL 14, NO. 1
Winter 2005, VOL. 14 NO. 4
Fall 2005, VOL. 13. NO.3
Summer 2005, VOL 13, NO. 2
Spring2005

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