News & Analysis as of

Indemnity Claim Insurance Litigation

Orrick, Herrington & Sutcliffe LLP

Warranty and Indemnity Claim “Over-Baked”: Key Takeaways for Policyholders from Finsbury Food v Axis

The Commercial Court has recently ruled in favour of the Defendant insurers following a claim that was brought by the policyholder under a warranty & indemnity (W&I) insurance policy. Finsbury Food Group plc v Axis Corporate...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - November 14-18, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decision last week: Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more

Payne & Fears

Texas Supreme Court Gives Policyholders a Greater Voice When Settling Covered Claims

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The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits. Insurers have long enjoyed a nearly absolute right to settle claims, even...more

Pillsbury - Policyholder Pulse blog

Texas Supreme Court Requires Insurers to Pay Anadarko Full Deepwater Horizon Defense Costs Under CGL “Joint Venture Provision”

The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more

King & Spalding

Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in...

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Insurance coverage litigation arising out of the 2010 Deepwater Horizon explosion continues to result in important precedents that will impact energy companies and policyholders with operations in Texas. On January 25, the...more

Carlton Fields

Federal Court Remands Insurance Dispute To State Court Based On Waiver

Carlton Fields on

A New York federal court remanded a reinsurance dispute to state court, based on the defendant’s waiver of its right to remove. Plaintiff R&Q Reinsurance Company (“R&Q”) brought an action against Allianz Insurance Company...more

Carlton Fields

Insurance is Big in Texas: In Deepwater Horizon Case, Texas Stretches a Policy’s Four Corners to Include Other Contracts

Carlton Fields on

Last month, in In re Deepwater Horizon, Relator, the Supreme Court of Texas applied a fundamental principle of insurance law to a case with enormous financial implications. The owner of the Deepwater Horizon drilling rig had...more

Beveridge & Diamond PC

Texas Supreme Court Rules Additional-Insured Coverage is Limited by Underlying Indemnification Agreement in In re Deepwater...

Beveridge & Diamond PC on

In a much anticipated 8-1 decision, the Texas Supreme Court ruled Friday that BP is not entitled to additional-insured coverage in In re Deepwater Horizon, No. 13-0670 (Feb. 13, 2015)....more

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