Tales From Insurance Land

Smedley: The Latest Chapter

In this bonus episode, attorney Laura Dowgin [https://kennedyslaw.com/en/our-people/people/new-york/laura-dowgin/] joins us to discuss the Latest Chapter of Smedley and the principle that the duty to defend is broader than the duty to indemnify. Laura shares her thoughts on how that principle practically plays out for insurance companies and defense counsel in actual cases in New York and New Jersey. She also explains New Jersey's unique take on this principle, which I think is fascinating. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Twain

In this third episode of Tales From Insurance Land, we look back to the growth of Hartford, Connecticut, as one of the leading centers of insurance in the United States. By the 1870s, Hartford’s place on the insurance stage was so prominent that it drew the attention of the then-famous English insurance writer Cornelius Walford, author of the multi-volume Insurance Cyclopædia. Walford visited Hartford in October 1874 and gave what was supposed to be a legendary speech to the local insurance luminaries about the industry. But as fate would have it, none other than Mark Twain was there to give a rebuttal. What in the world was Mark Twain doing at a gathering of insurance big-shots in Hartford? And what did he say? You’ve got to listen to this podcast episode to believe it. And in the process, you might just learn a little bit about the important role that underwriting plays in the claims process. CREDITS: Simon Jackson [https://www.fiverr.com/simonjacksonvo] played the role of Cornelius Walford; Donny Baarns [https://www.fiverr.com/donnyvoice] played the role of William Seaver; Professor Hans Von Puppet [https://www.fiverr.com/professorpuppet] played the role Archibald Ashley Welch; Dane [https://www.fiverr.com/goldentones] read newspaper text from the Hartford Courant; and Collins Hughes [https://collintalks.com/] played the role of Mark Twain. Applause Bravo.wav [Applause%20Bravo.wav] by temewas [https://freesound.org/people/temawas/] with modification; polite_applause_06.wav [https://freesound.org/people/joedeshon/sounds/119026/] by joedeshon [https://freesound.org/people/joedeshon/]. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Smedley

In this second episode of Tales From Insurance Land, we examine the origins of the fundamental principle of liability insurance: the duty to defend is broader than the duty to indemnify. We focus in particular on a relatively obscure insurance coverage decision from the Connecticut Supreme Court, Smedley Co. v. Employers Mutual Liability Ins. Co., 143 Conn. 510, 123 A.2d 755 (1956) [https://law.justia.com/cases/connecticut/supreme-court/1956/143-conn-510-1.html], where, I believe, this principle was first expressed in its modern form. Like many principles of insurance law, the holding the Smedley was the result of a claim. In this case, it was a mixup at the Smedley warehouse in the 1950s over delivery of a product called Frodex to Mohegan Dairies. What was Frodex? It was basically a corn syrup used to sweeten ice cream. 🍦 But according to its manufacturer's advertisements, Frodex was so much more than corn syrup. So what did Smedley ship instead of the delicious Frodex? And what happened to Mohegan Dairies' ice cream as a result? Find out the answers to these questions (and learn a little about the duty to defend vs. the duty to indemnify) in this latest episode of Tales From Insurance Land. CREDITS: Joel B. [https://www.fiverr.com/cleancutvo] read the Frodex commercial. Large truck idling then driving awa [https://freesound.org/people/TheFlyFishingFilmmaker/sounds/586985/] by TheFlyFishin... [https://freesound.org/people/TheFlyFishingFilmmaker/]; nnus_forklift_noise1_echo_pan.wav [https://freesound.org/people/nnus/sounds/126549/] by nnus [https://freesound.org/people/nnus/]. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Stowers: The Latest Chapter

In this bonus episode, attorney Kathryn Anderson [https://www.linkedin.com/in/kathryn-anderson-2415178/] joins us to discuss the Latest Chapter of Stowers and what the doctrine means for insurance companies and their defense and coverage counsel in current date Texas. You can access the Texas Farmers Ins. Co. v. Soriano, 881 S.W.2d 312 (Tex. 1994), decision mentioned during the podcast here [https://casetext.com/case/texas-farmers-ins-co-v-soriano]. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Stowers

In this first episode of Tales From Insurance Land, we examine the Texas Court of Appeals’ landmark decision in G.A. Stowers Furniture Co. v. Am. Indem. Co., 15 S.W.2d 544 (Tex. Civ. App. 1929) [https://casetext.com/case/g-a-stowers-furniture-co-v-american-indemnity-co]. The decision was one of the first in the country to impose extra-contractual liability on an insurance company when it fails to settle a liability claim that it should settle. We will walk through the facts and circumstances of this case, and you will get to hear the parties, witnesses, lawyers and claims professionals involved tell you what happened from their unique perspectives. In listening to this story, you hopefully will get a better idea of why courts sometimes impose extra-contractual liability on insurance companies in these situations. After listening to the episode, please join us on LinkedIn [https://www.linkedin.com/feed/update/urn:li:activity:7147935871361556480/] in January 2024 to discuss the episode and the implications of the Stowers decision. CREDITS: Lauren Breeden [https://www.fiverr.com/laurenbreeden] played the role of Mamie Bichon; Jonny Unitus [https://www.fiverr.com/jonnyunitus] played the part of Otis Perry; Ken Hurst [https://www.fiverr.com/kenhurst] played the part of I.P. Walker; Collin Hughes [https://www.fiverr.com/collinwhughes] played the parts of Norman Atkinson and Ben Campbell; JC Martin [https://www.fiverr.com/jcmartinvoice] played the part of John H. Freeman; and Neil Williams [https://www.fiverr.com/voiceproguy] played the part of W.L. Hartung. Vince Morgan [https://bracewell.com/people/vincent-e-morgan] & Michael Sean Quinn [https://www.michaelseanquinn.com/], “‘Damn Fools’ – Looking Back at Stowers after 75 Years,” [https://www.dropbox.com/scl/fi/flsbhitxz528wtcp6pre4/Stowers-Article.pdf?rlkey=x4dcie20t0xwh6oj5arhyj55x&dl=0] 6 J. Tex. Ins. Law 2 (2005). Loop_Nostalgia_00.wav [https://freesound.org/people/LittleRobotSoundFactory/sounds/323864/] by LittleRobotSoundFactory. PLEASE NOTE: The choice of a lawyer is an important decision and should not be based solely upon advertisements.