| In This Issue |
Fraud - Using It As A Sword Instead Of A Shield
Could Climate Change Liability Exposure Rival First Party Exposures For The Insurance Industry?
The Supreme Court to Sit "En Banc"
No Coverage For Use Of A Rental Vehicle in Violation of the Rental Agreement |
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Fraud - Using It As A Sword Instead Of A Shield
By: Steven B. Ryan, Esq.
This economy has produced a substantial increase in  fraudulent claims against insurance carriers. If a carrier determines that an insured committed fraud (e.g. made material misrepresentations, fraudulent statements and/or concealed material facts regarding the facts and circumstances surrounding the loss), the claim is usually denied pursuant to the fraud and concealment provision contained in most, if not all, insurance policies. Most insurance policies contain a variation of the following provision:
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Could Climate Change Liability Exposures Rival First Party Exposures For The Insurance Industry?
By: Theresa W. Hajost, Esq.
 This article is the first in a series addressing climate change and its potential impacts on the insurance/reinsurance industry, with a particular focus on potential liability exposures.
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The Connecticut Supreme Court To Sit "En Banc"
By: Regen O'Malley, Esq.
Beginning on September 1, 2009, the Connecticut Supreme Court instituted a new policy regarding en banc hearings. In contrast to the prior policy in which cases were heard by panels of five justices and parties could petition for en banc hearing by a full panel of seven, the Court will now hear arguments and decide cases on an "en banc" basis as a rule.
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No Coverage For Use Of A Rental Vehicle In Violation of the Rental Agreement
By: Daniel P. Scapellati, Esq. and Steven B. Ryan, Esq.
In Empire Fire & Marine Ins. Co. v. Edward Lang, et al., No.  1325, 2009 U.S. Dist. LEXIS 83958 (D. Conn. September 15, 2009), the United States District Court for the District of Connecticut (Underhill, J.) held that Empire Fire & Marine Ins. Co. ("Empire") did not owe a duty to defend or to indemnify its insureds, Samantha Lang and Edward Lang ("the Langs"), pursuant to a Supplemental Liability Protection ("SLP") Policy (excess automobile liability policy).
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