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Policy Limits Duty to Defend

DRI

The Jenga Effect: Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers

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In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more

Venable LLP

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

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Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2021 Year In Review

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Welcome to CICR’s annual recap of insurance cases you should know about — and others in the pipeline to watch. You can read about our selections for “Cases to Know” and “Cases to Watch” below. In the last year, we saw...more

Cozen O'Connor

Fifth Circuit: Covenant Not to Execute is a Settlement — Relieves Primary Insurer of Duty to Defend

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On November 11, 2019, the U.S. Court of Appeals for the Fifth Circuit ruled in Aggreko, L.L.C. v. Chartis Specialty Ins. Co., No. 18-40325, 2019 WL 5866880 (5th Cir. Nov. 11, 2019) that, under both Texas and Louisiana law, a...more

Carlton Fields

Nevada Supreme Court Holds That Insurer’s Liability For Breach Of The Duty to Defend Is Not Capped At Policy Limits

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In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more

Gray Reed

Texas Supreme Court holds entire limits of insurance policy are available to reimburse Anadarko’s defense fees and expenses...

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In another dispute over insurance coverage related to the Macondo Well blowout (a/k/a Deep Water Horizon incident),1 the Texas Supreme Court held that an endorsement reducing a policy’s limits for “liability” stemming from a...more

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

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Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Carlton Fields

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

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In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Foley & Lardner LLP

Wisconsin Supreme Court Reminds That Duty to Defend is Broader Than Duty to Indemnify

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A liability insurance policy generally imposes two duties on the insurer: (1) a duty to indemnify the insured against claims that are covered by the policy, up to the policy limits; and (2) a duty to defend the insured...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Locke Lord LLP

Illinois Court: Multi-year Policy Limits Applied To Entire Policy Period, Not Annually, And Payments For Potentially Covered...

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An Illinois trial court recently addressed the issue of whether an insurer exhausted its limits of liability in paying nearly $90 million for an insured’s defense and indemnity associated with asbestos bodily injury claims. ...more

Haight Brown & Bonesteel LLP

California Appellate Court Reaffirms Protection Against Stipulated Judgments

In 21st Century Ins. v. Superior Court (No. E062244; filed 9/10/15), a California appeals court confirmed that a defending insurer is not bound by a stipulated judgment entered without its consent, and the fact that the...more

Bradley Arant Boult Cummings LLP

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015 #2

Policyholder Can Keep Selected Counsel, Court Rules; Insurers’ Objection Too Late - Why it matters: A policyholder was able to maintain its selected defense counsel after a federal court judge ruled that the insurers’...more

K&L Gates LLP

IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

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On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and...more

Proskauer - Insurance Recovery & Counseling

New York State Court Rules That Darwin Has Duty to Defend but AIG Does Not, for Same Risk, Based on Differing Policy Language

New York state court Judge Shirley Werner Kornreich recently ruled that American International Group, Inc. (“AIG”) didn’t have to pay certain defense costs for various suits brought against QBE Holdings, Inc. and its...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Cozen O'Connor

NY Court to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

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The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable...more

Cozen O'Connor

New York Court of Appeals to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

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The New York Court of Appeals, the state’s highest court, recently held that an insurer that breached its duty to defend could not later rely on otherwise applicable exclusions to deny coverage for indemnification....more

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