Rock-Paper-Scissors: Dueling Other-Insurance Clauses

Insurance policies typically contain what are known as other-insurance clauses.  Other-insurance clauses set forth a methodology for apportioning liability when multiple insurers have issued policies that provide coverage for a loss.  There are three basic types of other-insurance clauses:  pro-rata, escape, and excess.  Deciding how different other-insurance clauses apply is like a game of rock-paper-scissors.… Continue reading Rock-Paper-Scissors: Dueling Other-Insurance Clauses

Shop Around: Late Notice and Forum Shopping

Application of a particular state’s law can have a significant impact on the determination as to whether a loss is covered.  Given the impact choice-of-law decisions may have, insureds and insurance companies may “forum shop” to pick the jurisdiction most favorable to resolution of their claims.  This is especially true when it comes to a… Continue reading Shop Around: Late Notice and Forum Shopping

Court Holds Travel Insurance Provides No Coverage for Pre-Existing Condition

When making travel arrangements, you often have the option of purchasing travel insurance, which also is known as trip insurance.  Travel insurance can be purchased directly from the travel agent or trip provider, or from an independent company.  Several of the major insurance companies allow you to purchase trip insurance online after your travel has… Continue reading Court Holds Travel Insurance Provides No Coverage for Pre-Existing Condition