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Coverage Opinions
Effective Date: January 14, 2015
Vol. 4, Iss. 1
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Declarations: The Coverage Opinions Interview With Robert S. Smith, Former Judge, New York Court Of Appeals
Eleven Years On The New York High Court; Instant Comedian; The Pope As Co-Counsel; Getting Back Into Court; The K2 Do-Over; Overruling Palsgraf
Judge Robert Smith retired from the New York Court of Appeals at the end of 2014. The next day he joined New York City’s Friedman, Kaplan, Seiler & Adelman. Judge Smith was kind enough to speak to me about his career, the Court, his time on the bench, insurance cases, what lies ahead and whether he played any pranks on his last day.

You Can’t Judge A Judge By His Coverage
I looked at 20 of Judge Robert Smith’s insurance-related opinions as part of the preparation for my interview of him. My conclusion. Neither side in a coverage dispute could have counted on his vote before seeing the opinion.

Randy Spencer’s Open Mic
A Christmas Story And Insurance Coverage
Seeking coverage when a tongue gets stuck to a frozen flagpole.

Book Review: Construction Defect Coverage: Concise And Understandable
Joe Junfola, of Admiral Insurance Company, has put his 37 years of insurance experience into a just-published e-book that provides the fundamentals of construction defect coverage in one neat and tidy package. The book is CD coverage -- soup to nuts.

Thank You To Marsh
Marsh held its annual Insurance Company Conference last month and I would be remiss not to include a brief note giving it well-deserved kudos and a thank you for the privilege of speaking.

I Goofed: Top Ten Coverage Cases Revisited
2014’s installment of the Top Ten Coverage Cases overlooked an important one. I flubbed it. One of the lawyers in the case set me straight.

Oh My. Look Who I Spotted Reading Coverage Opinions
I walked out of New York’s Marriott Marquis and could not believe who I saw reading Coverage Opinions!

7th Annual “Coverage For Dummies”
Seeking Coverage For The Frailty And Imperfection Of The Human Brain

In This Year’s Installment: The All-Time Best “Dummies” Case

Remembrance: A Tribute To Don Malecki
The insurance industry lost a giant on December 12th when Don Malecki passed away.

High Court Hands Excess Insurers A Big Bad Faith Stick Against Primaries
The Missouri Supreme Court illustrates a risk for primary insurers who fail to accept a limits settlement demand initially -- and then do so later.

The Vexing “Employee Exclusion” Issue: Is The Occasional Helper An “Employee”?
Court addresses the Employer’s Liability exclusion when the injured person is just someone who comes around, now and then, to perform random tasks.

Court Provides A Clinic In Sometimes Overlooked Coverage Issue
The risk of an insurer having to pay its policyholder’s attorney’s fees is sometimes not given enough weight in the calculus whether to engage in coverage litigation.

More On The Duty To Defend -- And When It Might Never End
Whether an insurer’s duty to defend attaches arises in every liability claim. The less-frequent issue -- when does an insurer’s duty to defend un-attach.

Tapas: Small Dishes Of Insurance Coverage News And Notes
· Siblings Who Hate Each Other and Insurance Coverage
· Neighbors Who Hate Each Other and Insurance Coverage

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