Articles by Steven Plitt

Steven Plitt is the current successor author to Couch on Insurance, 3d. He maintains a national coverage practice with The Cavanagh Law Firm. He has been listed continuously as one of Arizona's 50 lawyers by Southwest Super Lawyers. He can be reached splitt@cavanaghlaw.com. To read additional articles by Steven Plitt, go to www.insuranceexpertplitt.com.

Cleveland Indians Baseball vs. New Hampshire Insurance: An Agent’s Duty to Additional Insureds

Insurance policies often include a category of insureds other than the named insureds, commonly referred to as “additional insureds.” This typically occurs in one of two ways. First, pursuant to a named insured’s request, an insurance company may permit specific …

Commentary: Insureds’ Agreement to Read Insurance Policy

A shock wave was recently sent through the insurance agent/broker community in Connecticut. In a surprising case at the United States District Court for the District of Connecticut, O&G Industries, Inc. v. Aon Risk Services Northeast, Inc., 922 F.Supp.2d 257 …

Excess Insurance and Equitable Subrogation: Oklahoma Clarifies Equitable Subrogation Rule

Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair dealing to the insurance company with the excess policy requiring a settlement of claims within the primary carrier’s policy limits …

The Mutual Mistake Doctrine and the Purchase of Insurance

Every day insurance agents throughout the United States meet with potential insureds to transact the purchase of insurance. Typically, the insurance agent or broker will cover the main features of an insurance policy but will not discuss many of the …

Insurance Coverage for Discounting the Price of Goods for Sale?

Modern commercial general liability (CGL) policies provide coverage for personal and advertising injury. This type of coverage is discussed extensively in Practical Tools for Handling Insurance Cases, §§ 13.32-13:53 (Thomson Reuters 2011). One of the enumerated offenses for this type …

Commentary: Notifying Excess Insurers for Additional Insureds

An interesting case was recently decided by the Georgia Court of Appeals. In Garner and Glover Co. v. Barrett, 738 S.E.2d 721 (Ga. App. 2013), the issue was the duty of an insurance producer to notify an excess insurer when …

Commentary: R.I. Court’s Ruling on Self-Insured Retentions in Med-Mal Policies

In a surprising decision, the Rhode Island Supreme Court held that a self-insured retention (SIR) endorsement in a nursing facility’s professional liability policy was void. However, the Court’s ruling is broad enough to include all medical malpractice policies in Rhode …

Commentary: N.Y. Court’s Latest Take on Insured’s Duty to Read Policy

The New York Court of Appeals recently found that the insured’s failure to read the insurance policy does not bar claims for broker negligence in failing to procure requested insurance. Almost one hundred years ago the New York Court of …

Essentials: The Risk Landscape of Cyberspace

William Gibson coined the phrase “cyberspace” in his popular science fiction novel “Neuromancer” “to describe the real and cultural dynamics of people and machines working within the confines of computer-based networks.” Alexander C. Gavis, The Offering and Distribution of Securities …

Essentials: Do Brokers Have to Offer the Cheapest Coverage?

The question of whether insurance brokers are required to obtain the lowest cost insurance that meets the insured’s needs was answered recently by the Missouri Supreme Court in the case of Emerson Electric Co. v. Marsh & McLennan Cos., 362 …