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Breach of Duty › Vicarious Liability

Jones Day

Massachusetts’ Highest Court Narrows In Pari Delicto Defense

Jones Day on

The Situation: In Merrimack College v. KPMG LLP, a college sued its independent auditor for the auditor's failure to report fraud by the college's financial aid director. The Result: The Massachusetts Supreme Judicial...more

Proskauer - Insurance Recovery & Counseling

Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

Proskauer - Insurance Recovery & Counseling on

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more

Carlton Fields

Leap of Bad Faith: TPAs May Be Sued for Aiding Their Own Actions

Carlton Fields on

Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more

Cozen O'Connor

Florida Appellate Court Finds that an Additional Insured is Entitled to the Appointment of Separate and Independent Defense...

Cozen O'Connor on

On February 20, 2013, in a matter of first impression in the state of Florida, the Third District Court of Appeal ruled 2-1 that an additional insured was entitled to the appointment of separate and independent defense...more

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