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I’ve been involved lately in a case that frankly has me stumped.

Here’s the problem:

1.  The policy contains an “Additional Insured Required By Written Contract” endorsement.

2.  Prior to the issuance of the policy was issued, the Named Insured had contracted with ACE Corporation that had various subsidiaries.

3.  After the policy was issued (but before the accident occurred), ACE Corporation sold the former subsidiary.

4.  Suit has now been filed against the former subsidiary, which is seeking as an additonal insured, claiming the loss arose out of the work performed on its behalf by the named insured.

Under these circumstances, has the subsidiary lost the right that it possessed as of the date the policy was issued?  In other words, where a party gains AI status through a blanket endorsement of this sort, do the rights vests for the entire policy period or can the claimant lose its coverage rights through events that, had they existed at the outset of coverage, would have eliminated any right to coverage.

This is one of those legal issues where the answer seems clear but I’m darned if I can find a case on one side or the other.  If you have case law or thoughts on the issue, please contact me at

Thanks all.

Along with the hot wheels, cool trim, leather interior and killer sound system, your sports car came with another line item add-on that wasn’t part of the MSRP: sports car automobile insurance. Insuring your shiny fast ride can add thousands of dollars to cost of ownership over the life of the car…unless you’re a savvy shopper. Here’s what you need to know to help you find cheap sports car insurance (or at least reasonably priced). For starters, different insurance companies have different definitions of what is and isn’t a sports car. This is typically based on a VIN (vehicle identification number) system published by the Insurance Services Office or the company’s own ranking system. Either syst

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Protection is a natural instinct. We throw our arms across our children when anticipating a car wreck; we double-check the stove, iron and electric blanket to make sure they’re all off before leaving the house; we worry about giving credit card information out online.

One form of legal protection that has been increasing in popularity since the 1970’s is pre-paid legal services, and it is the result of that same, natural inclination towards protecting ourselves, those around us, and the possessions and careers we have worked so hard to build.

There are, however, both pros and cons where pre-paid legal services are involved. Fir

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By 2004, more than 24,000 claimants had filed asbestos bodily injury suits against Kaiser Cement and Gypsum Corporation (“Kaiser”),  as a result of their exposure to Kaiser’s asbestos products. Kaiser exercised its right to select a single primary insurer to respond to the entire loss –the Truck CGL policy issued in 1974 with limits of $500,000 per occurrence. The claim of each asbestos bodily injury claimant was deemed to have been caused by a separate and distinct “occurrence”within the meaning of the Truck policies.  By October 20

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Along with the hot wheels, cool trim, leather interior and killer sound system, your sports car came with another line item add-on that wasn’t part of the MSRP: sports car automobile insurance. Insuring your shiny fast ride can add thousands of dollars to cost of ownership over the life of the car…unless you’re a savvy shopper. Here’s what you need to know to help you find cheap sports car insurance (or at least reasonably priced). For starters, different insurance companies have different definitions of what is and isn’t a sports car. This is typically based on a VIN (vehicle identification number) system published by the Insurance Services Office or the company’s own ranking system. Either syst

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You will not be able to live forever because you buy life guarantee protection coverage. You will however be able to have the peace of mind that when you do leave this world you will not be leaving your family a pile of bills they cannot afford to pay. You will also not be leaving your spouse to financially provide for the children for the remainder of their days alone. You will have given your family the most thoughtful gift that a person can give. You will have given them the financial means to continue on after you are gone.

That does sound a tad morbid, but the truth is that death will one day claim each and every one of us. Read more…

Misrepresentation claims are a common feature of commercial litigation as well as more mundane suits, such as those brought by property owners who sue the former owner for concealing mold or pollution problems at the time of sale. Last month, for instance, a domestic supplier of Chinese drywall sued German-based Knauf Gypsum A.G. seeking $100 million in damages that Banner claims to have suffered as the result material misrepresentations by Knauf concerning the fitness and safety of its drywall products.

The focus of the case law addressing these coverage claims has generally been whether a misrepresentation, whether intentional or merely negligent, can ever be an “accident” given the tort’s intentional underpinnings. While

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Nothing is sacred, it seems, when it comes to the whims of the global economy.

The American Farm Bureau Federation announced in a statement on Thursday that the cost of a traditional Thanksgiving dinner — turkey, stuffing, cranberries, pumpkin pie and all the basic trimmings — will increase about 13% this year, the biggest jump since 1990.

This figure is the result of the group’s twenty-sixth annual informal price survey of classic Thanksgiving dinner menu items. Read more…