Randy Maniloff of White & Williams in Philadelphia sent me the "8th Annual Insurance Coverage Best In Show: The Ten Most Significant Decisions Of 2008" article he and Jennifer Wojciechowski of his firm wrote for the December 18, 2008 edition of Mealey's Litigation Report: Insurance. The article also includes their "Special Report: Coverage For Dummies 2008: The Top Ten". Decisions from New York courts made both lists. Randy blogs for the LexisNexis Insurance Law Center.
In the order they were decided, their 10 most significant decisions in this year's round-up are:
I appreciate Randy allowing me to republish their article here.D. Jere’ Webb v. Gittlen — Supreme Court of Arizona put the heat on insurance agents, making their E&O policies insurance of last resort. Supreme Court of Florida raised the temperature as well.Elacqua v. Physicians’ Reciprocal Insurers — New York Appellate Division: Tough medicine for insurer that failed to address an insured’s right to independent counsel. If the decision made it there, it can make it anywhere.Auto-Owners Insurance Company v. Pozzi Window Company — Supreme Court of Florida was a pane for general contractors seeking coverage under the “subcontractor exception” to the “your work” exclusion.Metropolitan Life Insurance Company v. Glenn — United States Supreme Court found dual-role ERISA claims administrators/insurers are presumed to have a conflict of interest, but left the impact of such a conflict “painfully opaque.”Allstate Insurance Company v. Wagner-Ellsworth — Supreme Court of Hannah Montana gave emotional injury a second identity — bodily injury. District of Columbia Court of Appeals did the same.Indian Harbor Insurance Company v. Valley Forge Insurance Group — Fifth Circuit: Valley Forge demonstrated how insurers can save a lot of Washingtons on additional insured claims.Ulico Casualty Company v. Allied Pilots Association — You can’t create coverage by cliché. Supreme Court of Texas explained what the common refrain about waiver and estoppel really means.Don’s Building Supply, Inc. v. OneBeacon Insurance Company — Supreme Court of Texas shot down the manifestation trigger for construction defect claims.Collins Holding Corporation v. Wausau Underwriters Insurance Company — Supreme Court of South Carolina provided a simple solution to the duty to defend conundrum for faux-negligence causes of action.Whole Enchilada, Inc. v. Travelers Property Casualty Company — Pennsylvania District Court took a bite out of FACTA litigation.