February 16, 2008 |

Insurance Coverage

Our client claimed that the policy limit was $5 million per year, but the insurance company said that the limit was only $5 million total for the two year term. We sued not only the entity which was named as the insurance company in the check-boxes on the policy, but we also sued the parent company. I have developed some pleading ideas which are particularly effective in this area (they were also utilized, successfully, against a different insurance company in the item referenced below as May, 2006). The parent company filed a demurrer, which was heard in February, seeking to be dismissed from the case. The demurrer was overruled in its entirety. This made discovery regarding the relationship between the parent company and its subsidiary potentially relevant to the litigation. The case was settled shortly thereafter on terms which were confidential, but favorable to our client.