HNRK Coverage Corner

Today at the Coverage Corner, we examine a Fifth Circuit decision that ponders a fundamental question:  What is a “suit”?  A complaint filed in court or arbitration demand seeking money damages should qualify. But what about a pre-lawsuit ADR procedure? Like all questions of policy interpretation, the answer lies in the policy language, construed in accordance with the established rules of policy interpretation (including, for example, the canon that ambiguities are construed “in favor of the insured”).

At issue in BPX Prod. Co. v. Certain Underwriters at Lloyd’s ...