Eryk Gettell

Eryk Gettell

Sedgwick LLP

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Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

4/16/2014 - Carbon Monixide Exposure Hazardous Substances Negligence Parol Evidence Strict Liability

First Circuit Enforces D&O Policy’s Known Circumstances Exclusion

The First Circuit Court of Appeals recently held that a “Known Circumstances Exclusion” in an insured school’s D&O policy barred coverage for an underlying action involving misrepresentations in soliciting a donation....more

11/27/2013

California Court Rules that D&O Insurer Not Obligated to Reimburse Screen Actors Guild for Underlying Attorneys’ Fee Award

In Screen Actors Guild Inc. v. Federal Insurance Company, et al., 2013 WL 3525273 (C.D. Cal. July 11, 2013), the United States District Court for the Central District of California held that Federal Insurance Company...more

8/8/2013 - Attorney's Fees Breach of Contract D&O Insurance Insurers Reimbursements SAG Settlement

New York Court Rules that Professional Services Exclusion Bars Coverage for Underlying Actions Brought By FINRA and Private...

In David Lerner Associates, Inc. v. Philadelphia Indemnity Insurance Company, 2013 WL 1277882 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York affirmed the plain meaning of the...more

4/12/2013 - FINRA Investors Professional Service Exclusion Real Estate Investments

Supreme Court of Washington Holds that Insurers Are Not Entitled to Reimbursement of Non-Covered Defense Costs

In a 5-4 decision, the Washington Supreme Court held that an insurer may not recover defense costs incurred under a reservation of rights while the insurer’s duty to defend is undetermined. National Sur. Corp. v. Immunex...more

4/5/2013 - Duty to Defend Insurers Legal Costs Reimbursements Reservation of Rights

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