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Hello from Adam Fleischer, Editor of Coverage Corner and Partner at BatesCarey, LLP and Elise Allen, Special Counsel BatesCarey, LLP

Welcome to the Coverage Corner.
 This area will provide updates on cases impacting the insurance/reinsurance industry. Coverage Corner is the IACP’s effort to provide the best and most useful content that caters to the needs of busy claim executives who engage in a wide range of coverage topics. Rather than presenting an in-depth analysis of any particular case or legal issue, Coverage Corner will strive to present national trends to the IACP readership, along with short case summaries that can be reviewed quickly and easily.

We are pleased to bring you the following 2018 insurance coverage summary pieces to help demonstrate where key coverage issues are coming from and where they are going in the year ahead. The three articles address:

What Exit Strategy is the Best Exit Strategy?


We are pleased to share interesting content with respect to independent counsel for your insured when defending under a reservation of rights.   This article by Kelly Lippincott & Sarah Conkright of Carr Maloney P.C. provides a fresh perspective addressing when to hire, managing the cost, and even when it may become necessary to pull your reservation of rights with independent counsel.
Pulling the Reservation to Control Defense

Recent Developments will Drastically Change CTE Litigations


 Previously relegated being diagnosable only after death, researchers now predict that chronic traumatic encephalopathy (CTE) can be diagnosable in living patients.   If these predictions come to fruition, insurers can expect both an increase in CTE litigations and an increased ability to pinpoint the causative event for a CTE diagnosis which allows for a more accurate determination of what policy or policies are triggered by a CTE claim.  This article by Jordan Lowe of BatesCarey LLP and Lisa Simon at SwissRe explores the contours of this important new development.
CTE Before the Grave

A 2018 Recap of Important Coverage Decisions in the Cyber Risk Arena


 In a world where data breaches, cyber extortion, network disruption and liability from social media (just to name a few) are commonplace and frequent, insurance professionals must keep abreast of the recent key cyber risk decisions and follow the trends.   This article by Vincent Vitkowsky  provides a useful primer on important 2018 decisions.
2018 Cyber Coverage Decisions

Coverage Yoga

A 50-State Survey of The Twists And Turns Of Coverage Position Letters

 

Please click here for Coverage Yoga

IACP is pleased to offer its members exclusive access to the most up to date national survey of the important legal issues in each state with regard to the drafting of coverage position letters. This survey, compiled by Adam Fleischer and the coverage team at BatesCarey LLP, is over 550 pages in total, capable of jumping from state to state via a hyperlinked table of contents, and updates will be provided for IACP members by the authors as new cases are published.


This 50-state survey is only available to IACP members through this link and is not otherwise available.

If you have a topic you would like to see covered, or have other comments, please contact the Coverage Corner editor, Adam Fleischer, at AFleischer@batescarey.com