In Nationwide Mutual Fire Insurance Co. v. Carmichael, the U.S. District Court for the Northern District of Alabama, applying Alabama law, entered summary judgment ruling that Nationwide Fire Insurance Co. had no duty to...more
9/11/2023
/ Appeals ,
Construction Defects ,
Construction Industry ,
Denial of Insurance Coverage ,
Duty to Defend ,
Fire Insurance ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Property Damage
The U.S. District Court for the Southern District of New York and the Pennsylvania Supreme Court recently issued two of the first substantive rulings in COVID-19-related insurance coverage lawsuits. Both rulings were in favor...more
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more
1/13/2020
/ Breach of Duty ,
Claims Made Policy ,
Consumer Insurance Products ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Duty to Defend ,
Failure to Notify ,
Indemnification ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Motion to Dismiss ,
Notice Prejudice Rule ,
Notice Provisions ,
Policy Terms ,
Regulatory Requirements ,
Statute of Limitations
Can the terms of a warranty impact the scope of coverage provided by an insurance policy even if the policy does not explicitly incorporate the terms of the warranty? The answer to this question appears to be yes, at least...more
1/21/2019
/ Appeals ,
Contract Terms ,
D&O Insurance ,
Denial of Insurance Coverage ,
Government Investigations ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Scope of Coverage ,
Securities and Exchange Commission (SEC) ,
Warranties
While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration....more