Articles by Bates & Carey Attorneys:

   
May 2007- Cedent Cannot Rely on “Advice of Counsel” If Cedent Withholds Attorney-Client Communications From Reinsurer
   
May 2007- Retrocessionaire Need Not “Follow the Settlements” of Reinsurer
   
May 2007- B&C Argues Pro Rata Allocation to N.H. Supreme Court
   
May 2007- Coverage for Repairing and Replacing an Insured’s Defective Work Under a Commercial General Liability Policy – 50 State Survey (PDF)
  by Robert S. Marshall
   
March 2007- Late Notice: 50 State Survey Under Occurrence and Claims Made Policies (PDF)
  by Ommid C. Farashahi
   
March 2007- An Excess Insurer’s Right, But Not Duty, to Participate in Settlement of a Claim (PDF)
  by Maria G. Enriquez and Krista C. Sorvino
   
March 2007- Florida Court Holds Securities Damages Are Uninsurable “Ill Gotten Gains”
   
March 2007- Pollution Exclusion Decisions: First Quarter 2007 (PDF)
  by Adam H. Fleischer
   
October 2006-

Discovery Issues in Reinsurance Disputes (PDF)
  by Robert J. Bates, Jr. and James L. Wideikis
   
October 2006- B&C: Michigan appellate court finds no advertising injury coverage for copyright claims
   
September 2006- 2006 D&O Decisions of Interest (PDF)
   
May 2006- B&C: Court Dismisses $7M Claim, Finding Underlying Settlement Not in Reasonable Anticipation of Covered Loss
   
May 2006- Illinois Supreme Court Rejects “Notice-Prejudice”
   
May 2006- B&C: Mass. Court Rules No Coverage for Restraint of Trade
   
May 2006-
   
February 2006-
   
February 2006- When is an Insured Entitlted to Independent Counsel?
  by Jonathan T. Viner
   
February 2006- D&O Decisions 2005: Year in Review (PDF)
 

 
February 2006- "Pre-Packagaged" Asbestos Settlement Does Not Trigger Insurer Obligations
   
December 2005-

MSJ Granted on Property Insurance Claims that Violate Two-year Contractual Limitation Provision
   
December 2005- When do Multiple Claims Constitute a Single Occurrence?
   
December 2005-

Is Tide Turning in Mass Tort Suits?
   
December 2005- Summary of Recent Fidelity Coverage Cases
   
October 2005-

50 State Survey on Reimbursement of Defense Costs Expended Defending Uncovered Claims
by Robert S. Marshall and Patrick Bedell

   
October 2005-

D&O: Does Insurer's Rescission Claim Freeze Duty to Advance Defense Costs?
   
October 2005-   Coverage Issues Raised by E-mail and the Internet (PDF)
by Adam Fleischer, Mark Sheridan and Daniel Graham
   
October 2005-

Electronic Discovery: An Overview and Practical Pointers
by Joseph P. Lang and James Baffa
   
August 2005- No "Spike" Against Excess Without  Consideration of  Settled Primary
   
August 2005- Everything You Always Wanted to Know About the Pollution Exclusion (PDF)
by Robert J. Bates, Jr., and Arthur F. Brandt
   
June 2005- The Consequences of Self Insured Retentions
by Robert S. Marshall
   
June 2005- Bates & Carey expert testimony aids reinsurance win in Aon World Trade Center arbitration
   
June 2005- Cedent entitled to reinsurance for claims submitted 20 years after accidents
   
June 2005- Trends in Securities Class Action Settlements (PDF)
   
June 2005-  High Infidelity: Employee Theft and Dishonesty Coverage (PDF)
by Frederick W. Stein
   
April 2005-   Advertising Injury Coverage and Fortuity (PDF)
by Robert S. Marshall  
   
April 2005- Court Holds No Duty To Settle Owed Between Excess Insurers
   
April 2005- Class Action Fairness Act: Superficial Changes or Real Progress?
   
April 2005- Supreme Court Superfund Decision May Impact Insurance Coverage
   
Feb. 2005- Insurance Claims for "Blast Faxes": Why the Courts Have it Wrong (PDF)
by Adam H. Fleischer
   
Feb. 2005- Texas Court Allows Excess Insurer to Pursue Primary Insurer for Failure to Settle
   
Feb. 2005-  Fifth Circuit Affirms Broad Application of Personal Profit Exclusion in D&O Policy
   
Feb. 2005-  Ninth Circuit Finds Coverage By Broadly Defining "Professional Services"
   
Dec. 2004 -  

Settlement Credits in "All Sums" Jurisdictions (PDF)
by Maria G. Enriquez and Michael Baird
   
Dec. 2004 -  

The Captive Quandary and the Duty of Utmost Good Faith (PDF)
by Adam H. Fleischer
   
Dec. 2004 - U.S. Tort Reform and the Implications on ok Insurance Risks Within the U.S. Market (PDF)
by Richard H. Nicolaides Jr.
   
Dec. 2004 -   Court Finds Insurers Breached Their Duty to Defend "Additional Insured"
   
Oct. 2004 - Harsh Penalties On The Way for E-Discovery Violations 
   
Oct. 2004 - Court Denies Coverage for Motorist Acting Outside Scope of Employment
   
Oct. 2004 - Reinsurer Does Not Have To Follow Cedent’s Decision on Multiple Limits
   
Oct. 2004 - Vermont Supreme Court Rules “True” Excess Policy Does Not Pay Until Exhaustion Of Primary Policy With Excess “Other Insurance” Clause
   
Oct. 2004 - Patent Claims Not Covered as Advertising Injury
Insurance Coverage Litigation - Reinsurance - Commercial Litigation - Insurance Policy and Contract Drafting - Professional Liability Analysis - Claims Counseling and Mediation - Alternative Dispute Resolution


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