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South Carolina Decision on Allocation of Defense Costs Creates a Trap for the Responsive Insurer

A recent decision by the U.S. District Court in South Carolina confirms the state’s position as an outlier when it comes to whether an insurer that has a duty to defend can require other insurers to contribute to defense...more

7/29/2014 - Auto Insurance Duty to Defend Insurers Litigation Fees & Costs

Debate Over the ALI’s “Principles of the Law of Liability Insurance” Continues – Advisers Slated to Discuss Contentious Portions

At its 2013 annual meeting, the American Law Institute (ALI) voted to adopt sections 1 through 15 of its “Principles of the Law of Liability Insurance.” However, extensive criticism during the floor debate prevented the ALI...more

3/19/2014 - Duty to Defend Indemnity Agreements Liability Insurance Reservation of Rights

The Fuss Over Fracking: An Examination of the Insurance Issues Associated with Hydro-Fracking

Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more

12/27/2013 - Class Action Concurrent Causation Contribution Claims Earthquakes First-Party Coverage Fracking FRCP 23(b)(3) Indemnification Negligence Occurrence Pollution Exclusion Property Damage Property Insurance Strict Liability Third-Party Liability Trespass

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