In this bonus episode, attorney 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.

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 played the role of Cornelius Walford; Donny Baarns played the role of William Seaver; Professor Hans Von Puppet played the role Archibald Ashley Welch; Dane read newspaper text from the Hartford Courant; and Collins Hughes played the role of Mark Twain.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements.

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), 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. read the Frodex commercial.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements.