Articles by Brian S. Martin

Do Certificates of Insurance Matter?

For many years it has been generally understood by agents, insurers and insureds that Certificates of Insurance are very limited in their purpose. That view may be under assault. Generally, a Certificate of Insurance is a summary document usually issued …

Texas Court Gives New Life to Contractual Liability Exclusion

Where contractors are involved, one of the most intractable problems for a carrier in negotiating and settling claims are the contract liability issues. How does a carrier identify if a contractual claim is covered? A recent case helps explain some …

Contractual Liability Is Just That

Texas Court: Exclusion Precludes Coverage for Breach of Contract Where contractors are involved, one of the most intractable problems for a carrier in negotiating and settling claims are the contract liability issues. How does a carrier identify if a contractual …

Dealing With the Cover-Up

Increase in Falsified Insurance Applications Tied to Economy One of the many consequences of a tight insurance market during tough economic times is that potential insureds may have difficulty obtaining coverage if they have bad loss records or conditions that …

Increase in Falsified Insurance Applications Tied to Economy

One of the many consequences of a tight insurance market during tough economic times is that potential insureds may have difficulty obtaining coverage if they have bad loss records or conditions that may indicate greater than normal risk. Over the …

Dealing with the Cover-Up

Increase in Falsified Insurance Applications Tied to Economy One of the many consequences of a tight insurance market during tough economic times is that potential insureds may have difficulty obtaining coverage if they have bad loss records or conditions that …

Limiting the Damage: Fifth Circuit Pares Down Mid-Continent v. Liberty Mutual

A little over two years ago, the Texas Supreme Court issued the landmark decision of Mid-Continent v. Liberty Mutual. In that case, the Court up-ended the traditional relationship of co-insurers by changing the nature of other insurance clauses and stripping …

The Coverage Conundrum in Chinese Drywall Claims

Unless you live in Florida or Louisiana, or regularly read the Insurance Journal, you may only now being hearing about the latest mass tort craze: Chinese-Manufactured Drywall (often simply referred to as “Chinese Drywall”). The property damage and personal injury …

The Coverage Conundrum in Chinese Drywall Claims

The Latest Mass Tort Unless you live in Florida or Louisiana, or regularly read the Insurance Journal, you may only now be hearing about the latest mass tort craze: Chinese-Manufactured Drywall (often simply referred to as “Chinese Drywall”). The property …

Insurance in Times of Financial Crisis

Legal Issues To Be Aware Of With EPL, D&O and Fiduciary Liability Insurance The current financial crisis affects almost every aspect of our business life — that includes insurance. Businesses need to be wise consumers and aware of the legal …