News & Analysis as of

Duty to Defend Liability Insurance Policy Exclusions

Jenner & Block

Client Alert: First Circuit Parses Underlying Complaint to Find Duty to Defend and to Defeat Exclusions

Jenner & Block on

The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...more

Carlton Fields

Eleventh Circuit Holds Buzz Words in Arbitration Demand Insufficient to Trigger Duty to Defend

Carlton Fields on

On November 8, 2022, the Eleventh Circuit Court of Appeals agreed with the U.S. District Court for the Middle District of Florida that Mount Vernon Fire Insurance Co. did not have a duty to defend Global Travel International...more

Hinshaw & Culbertson - Insights for Insurers

Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim

An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more

Pillsbury - Policyholder Pulse blog

What Should a Policyholder Do to Transfer Risk of Loss for Sexual Abuse Claims?

Sexual abuse litigation is increasingly common, and an unfortunate wave of new lawsuits is coming. In her recent alert, Pillsbury’s Joan Cotkin reviews how the insurance industry has responded to these risks with new...more

Pillsbury - Policyholder Pulse blog

Oddball Exclusions Are Not All Fun and Games – What the Court Got Wrong in Princeton Excess & Surplus Lines Insurance Co. v. Hub...

Hub City Enterprises Inc. and Wall St. Enterprises of Orlando Inc. ran an event called “Rum Fest 2017” in Orlando, Fla. Sounds like fun, doesn’t it? But one of the partygoers, who apparently paid to attend the festival, was...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

Womble Bond Dickinson on

The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

White and Williams LLP

The ALI Restatement – What Lies Ahead?

White and Williams LLP on

The American Law Institute voted on May 22, 2018 to approve the final draft of its “Restatement of the Law of Liability Insurance.” This was the culmination of an eight-year project that evolved through 29 drafts resulting in...more

Professional Liability Underwriting Society (...

Prior & Pending Litigation

From the 2015 PLUS Professional Risk Symposium session “Navigating Prior & Pending and Other Coverage Issues,” David F. Cutter, Esq. (Troutman Sanders LLP) looks at three analytical issues to consider when facing prior and...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more

Beveridge & Diamond PC

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Beveridge & Diamond PC on

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

BakerHostetler

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

BakerHostetler on

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

Cozen O'Connor

Texas Court Construes Professional Liability Policy to Require Defense of Law Firm in Fee Dispute

Cozen O'Connor on

In Shamoun & Norman, LLP v. Ironshore Indemnity, Inc., Cause No. 3:14-1340, In the U.S. District Court, Northern District of Texas, the federal district court construed a professional liability policy issued by Ironshore to...more

Manatt, Phelps & Phillips, LLP

Insured v. Insured Exclusion Ambiguous, California Court Finds: Bank Ds And Os Entitled to Coverage for FDIC Suit

Why it matters - In the latest decision to weigh in on the scope of the Insured v. Insured exclusion, a California court has held that it is ambiguous as applied to suits brought by the FDIC, and therefore does not...more

Carlton Fields

Is There a Duty to Defend Pollution Claims? It’s the Complaint, Stupid

Carlton Fields on

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more

Farella Braun + Martel LLP

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,...more

Carlton Fields

Eleventh Circuit Maps a Route Around Four Corners

Carlton Fields on

Florida adheres to the "four corners rule," under which a liability insurer’s duty to defend an insured is determined solely from the allegations of the underlying complaint. In Composite Structures, Inc. v. The Continental...more

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