Insurance pervades every aspect of the litigation landscape. The banking and financial institution meltdowns, subprime lawsuits, and investment schemes implicate coverage under directors and officers liability, fiduciary liability, and errors and omissions policies. Food contamination issues trigger defense or indemnity obligations under commercial general liability and business interruption policies, and natural disasters and business torts implicate a variety of diverse insurance issues.

The Insurance Coverage Litigation Committee seeks to "Raise the Bar" by fostering professionalism and collegiality in the insurance coverage litigation bar dealing with these issues. The Committee has over 2,200 members but a "small town" feel, where attorneys representing policyholders and insurers mingle with in-house insurance company representatives to develop lasting personal and business relationships. Through the tireless efforts of the members, the Committee has received Section of Litigation Leadership Awards for our journal-quality newsletter, Coverage, and the Committee's Annual CLE Meeting, held each March at the Westin La Paloma Resort in Tucson, Arizona. Our Website showcases "Hot Topic" Features with articles and checklists addressing many of the important issues facing litigants today, and our growing Young Lawyers Subcommittee offers many opportunities to become involved.

Welcome to our Committee, we hope you will become involved.

The latest edition of Coverage Journal is now available.

No bad faith liability for Florida’s government created insurer, that’s what a Florida appellate court recently held in a case brought by a policyholder against Citizens Property Insurance Corporation (Citizens) pursuant to Florida’s Statute for Unfair Claim Trade Practices. Fla. Stat. §§ 624.155(b)(1), 626.954(1)(i)(3) (2008).

Additional insured endorsements (AI endorsements) can be beneficial to both insurers and policy holders; however, disputes often arise when attempting to apply the language of the AI endorsements.

In many states, the outcome of insurance coverage litigation over the duty to defend will hinge on the application of the Eight Corners Rule, a widely applied and well-known analytical framework for determining whether an insurer is obligated to provide a defense against a lawsuit to the insured.

In 2007, the Texas Supreme Court, in Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., 236 S.W.3d 765 (Tex. 2007), held that no cause of action exists between co-insurers when they jointly cover a loss and each policy contains a pro rata insurance clause.

Along the spectrum of negligent/intentional torts is a gray area of conduct that can appear negligent or intentional, depending on the facts presented.