Binding Authority is an e-mail newsletter that provides summaries and in-depth analysis of just-issued significant insurance coverage decisions. A careful selection process ensures that only decisions that address coverage issues of broad interest are featured. Binding Authority is published by Randy Maniloff of White and Williams, LLP, author of the Mealey's Insurance "Top 10 Coverage Cases of the Year" article for the past eight years. Similar to the Mealey's "Top 10," Binding Authority focuses on novel coverage issues and decisions that may influence other courts. Because of the discriminating selection process, Binding Authority is only published when a meritorious coverage decision is issued. On average, publication ranges from once a week to once a month. To subscribe, send an e-mail to Maniloffr@whiteandwilliams.com. Binding Authority is gluten-free and contains no peanut products.

2010 Newsletters

• February 28, 2010 -- Now That's A Conflict: Illinois Federal Court Pummels Insured's Right to Independent Counsel
• February 9, 2010 -- Insurer Caught With Its Pants On The Ground; Vermont Supreme Court Hits Insurer For Not Addressing Allocation Between Covered and Uncovered Claims
• February 4, 2010 -- Construction Defect: The Road Not Taken - by the Sixth Circuit; Appeals Court Addresses Two Different Paths For Analyzing CD Claims
• February 2, 2010 -- Statute of Liberty: New York Appeals Court Frees Huddled Masses of Insurers from the Bonds of Section 3420(d)
• January 1, 2010 -- Stalled Lang Syne: Policyholders Scuttled in Attempt to Have Gambone Reviewed by Pennsylvania High Court; Gambone remains as well-preserved as Dick Clark

2009 Newsletters

• December 11, 2009 --Texas Two-Step: No Duty to Defend; Yes Duty to Indemnify; Texas Supreme Court Messes With a Sacrosanct Rule
• December 3, 2009 -- Pollution Exclusion: Michigan Court of Appeals Will Leave Insurers Pistoned
• November 1, 2009 -- New Jersey Appellate Court Uses Nifty Trick To Treat An Insured To Coverage For Assault & Battery; Frightening Decision for Insurers
• October 4, 2009 -- Wilted Coverage Issue: New York Federal Court Addresses Lost Policies for Flower Grower; Policyholder's Claim Is Pushing Up Daisies
• August 30, 2009 -- Mind The Gap: Continuous "Claims Made" Coverage That Isn't: Kentucky's distillery of claims made notice issues


• August 22, 2009 -- Policyholders to Court: You Must Be Having A Slurpee Brain Freeze; Scope of the Pollution Exclusion Under Review in Florida


• August 5, 2009 -- No Cash For Flunkers: California Appeals Court Penalizes Insureds that Do Not Follow the ABCs of Risk Management


• June 26, 2009 -- Next Stop for Buss: California Appeals Court Addresses Coverage for Attorney's Fees Awarded for the Recovery of Uncovered Damages; Decision a Thriller for Insurers and Off the Wall for Policyholders


• June 20, 2009 -- Smokin' Weedo: N.J. District Court Rejects Coverage Under the Garden State's Most Famous Construction Defect Insurance Case; District of New Jersey Prevents General Contractor from Reaching the "Sub-Contractor Exception" to the "Your Work" Exclusion


• May 27, 2009 -- Supreme Court Nominee to Policyholders: Soto my your claim is not covered


• May 14, 2009 -- Policyholders to Gambone: We've Got to Stop Meeting Like This


• May 11, 2009 -- N.Y. Federal Court and the Pollution Exclusion -- Tooth is Stranger than Fiction


• April 17, 2009 -- New Jersey Appellate Division Tells Insurers to Mind Their Own Business; At Issue -- Allocation for a Multiple Property Owner Environmental Claim


• April 14, 2009 -- Gambone Rolls On Third Circuit: No Coverage For Consequential Damages of Faulty Workmanship; Insureds Don't Got a Friend in Pennsylvania


• March 28, 2009 -- Texas Hold 'Em: Supreme Court Says Not So Fast to Insurers "No Prejudice" Position for "Claims Made" Policies


• March 17, 2009 -- Insurer's Blunder Road = Insured's Promised Land; New Jersey Court: Insurer that Defends Under a Reservation of Rights -- Without Insured's Consent -- Waives Coverage Defenses


• March 7, 2009 -- Pennsylvania Federal Court: Relief for Insurers Facing "Additional Relief" Claims; The Amorphous Wherefore Clause -- The Pebble-In-Your-Shoe of Coverage Issues


• February 15, 2009 -- Happy Valentine's Day: Texas Supreme Court Still Loves the "Eight Corners" Rule


• January 27, 2009 -- Illinois High Court Issues a Jaw Dropper on Number of Occurrences; Yes We Can Find Multiple Occurrences

2008 Newsletters

• December 30, 2008 -- Pennsylvania Supreme Court Declines to Hear Appeal in Millers Capital Insurance Company v. Gambone Bros.; Coverage for Consequential Damages from Construction Defects Remains Unavailable in Pennsylvania


• December 17, 2008 -- Daily Double: New Jersey Appellate Division Issues Two Opinions on the Continuous Trigger; Court Answers When the Continuous Trigger Ends


• November 20, 2008 -- Will Pennsylvania Supreme Court Address an Insurers Right to Reimbursement of Defense Costs? You betcha; Pennsylvania High Court Agrees to Hear Jerrys Sport Appeal


• October 4, 2008 -- E.D. PA: Home Heating Oil is Not a Pollutant; Does This Weeks Decision Create Absolute Pollution Confusion?


• October 1, 2008 -- First FACTA Coverage Decision: W.D. of Pennsylvania Says Adios to the Policyholder ; Whole Enchilada, Inc. v. Travelers Could Start the Trend From Here


• September 26, 2008 -- Montrose Endorsement: If At First You Don't Succeed, Trial Trial Again; Insurer Finally Wins a Montrose Endorsement Case


• August 29, 2008 -- Texas Supreme Court: Injury-in-Fact Trigger Applies to Construction Defect; Court Rejects Manifestation Trigger


• August 28, 2008 -- Pennsylvania Federal Court: Emotional Injury is Not "Bodily Injury"


• August 16, 2008 -- New Jersey Appellate Division: Pollution Exclusion Not Applicable to a D&O Claim


• June 8, 2008 -- New York Appellate Division Issues a Strong Decision on an Insureds Right to Independent Counsel


• June 1, 2008 -- Nevada Supreme Court: Seven and Out for Insurers that Use Arising Out Of Additional Insured Endorsements