Highlighted by a decision this past week in the 11th Circuit, a small divide may be beginning to emerge in the treatment of coverage for underlying plaintiff’s attorneys’ fees under professional liability policies, a split...more
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
11/23/2019
/ Additional Insured ,
Attorney's Fees ,
Commercial General Liability Policies ,
Construction Contracts ,
Cross Motions ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Exceptions ,
Insureds ,
Litigation Fees & Costs ,
Prevailing Party ,
Summary Judgment ,
Workplace Injury
In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an...more
6/7/2019
/ Appeals ,
Attorney's Fees ,
Class Action ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Default Judgment ,
Dismissals ,
Duty to Defend ,
Environmental Violations ,
Indemnification ,
Insurance Industry ,
Nuisance ,
Remand