Carl J. Pernicone

Virginia's High Court Finds No "Occurrence" in Global Warming Case
Thomas L. Appler,William K. Enger,Carl J. Pernicone,Robert E. Rider, October 12, 2011
The Virginia Supreme Court's ruling in The AES Corp. v. Steadfast Ins. Co., No. 100764, 2011 Va. LexisNexis 185 (Va. September 16, 2011) made it the first state supreme court to find that the emission of greenhouse gases alleged to cause global warming is not an "occurrence" as that term...

Montana Supreme Court Says Insured’s Failure to Notify Insurer of Claim by Third Party Breaches a Material Precondition to Coverage
Carl J. Pernicone, October 11, 2011
Can an injured third party pursue an insurer to recover on a default judgment claim against the insurer’s policyholder where the policyholder never notified the insurer of the underlying claim? No, said the Montana Supreme court in its recent opinion in Steadele, et al. v. Colony Insur. Co.,...

New York Court of Appeals "Annualizes" Limits in Following-Form Multiyear Excess Subscription Policy
Carl J. Pernicone,Samuel I. Reich, April 19, 2011
The New York Court of Appeals recently held that the aggregate policy limits of a multiyear excess policy following form to a multiyear subscription policy program should be “annualized.” The ruling came in the case Union Carbide Corporation v. Affiliated FM Insurance Co., et al.,...