Articles by Brian S. Martin

A Preliminary Take on Mold Coverage

Mold. Stachybotrys. The stuff of broken refrigerators and the aftermath of floods is now the scourge of insurance companies. In the humid South, the epidemic of claims has led to actions by carriers and regulators similar to those actions that …

A Preliminary Take on Mold Coverage

Mold. Stachybotrys. The stuff of broken refrigerators and the aftermath of floods is now the scourge of insurance companies. In the humid South, the epidemic of claims has led to actions by carriers and regulators similar to those actions that …

Auditing Legal Bills Without Bloodshed

As a coverage lawyer who has audited legal bills, and had his own legal bills audited, I believe there are very few subjects as fraught with tension and concern for both the carrier and insurance defense counsel (and coverage counsel, …

Insurance Litigation and Bankruptcy, or How to Escape from Wonderland

In the tale of “Alice in Wonderland,” little Alice heedlessly follows the white rabbit into the rabbit hole and falls ever so long before landing upon a heap of sticks and dry leaves. Jumping up and looking around, she finds: …

Insurance Litigation and Bankruptcy, or How to Escape from Wonderland

In the tale of “Alice in Wonderland,” little Alice heedlessly follows the white rabbit into the rabbit hole and falls ever so long before landing upon a heap of sticks and dry leaves. Jumping up and looking around, she finds: …

It’s no Accident, But is There Coverage’

Back in the early years of insurance, some great sage recognized that insurance should not apply to damages for the intentional conduct of the insured. Thus, murderers cannot buy murderer’s liability insurance and homeowners cannot get coverage if they torch …

It’s no Accident, But is There Coverage’

Back in the early years of insurance, some great sage recognized that insurance should not apply to damages for the intentional conduct of the insured. Thus, murderers cannot buy murderer’s liability insurance and homeowners cannot get coverage if they torch …

It Couldn’t Be Done: A Policyholder’s Idea To Reinvigorate Third Party Bad Faith

The Setting Throughout the 1980’s and early 1990’s, the risk of bad faith liability was a major factor in evaluating third party claims for coverage. Ever increasing jury verdicts led to many inflated settlements of marginal claims. Indeed, the fear …