News & Analysis as of

Commercial General Liability Policies Breach of Duty

Morris James LLP

Delaware Supreme Court Affirms Delaware Choice-of-Law Ruling In Dismissal of D&O Liability Insurance Coverage Dispute

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Stillwater Mining Company v. National Union Fire Insurance Company of Pittsburgh, PA et al., No. 24, 2022 (Del. Jan. 12, 2023) - This decision from Delaware Supreme Court addresses choice-of-law questions for D&O insurance...more

Rivkin Radler LLP

Insurance Update - January 24, 2023

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It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023. The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more

Woodruff Sawyer

Boards Buy D&O Insurance—Shouldn’t Trustees Also be Protected?

Woodruff Sawyer on

Directors and officers (D&O) liability insurance is designed to protect management from personal liability for a claim resulting from an alleged breach of fiduciary duty while managing the operations of a company. The...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

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An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Sheppard Mullin Richter & Hampton LLP

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite...

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more

Foley Hoag LLP

Obligations of Insurer and Policyholder - October 2017

Foley Hoag LLP on

Scope: The “Comparison Test” - The defense obligation arises when a defense is needed: at the outset of the suit. It follows that, unlike the duty to indemnify (which depends on the “true” facts as they are determined in...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Mintz

Supreme Judicial Court Affirms Award 0f $2,250,000 plus Interest Against Insurer for Breach of Duty to Defend and Settle — on...

Mintz on

In Boyle v. Zurich American Insurance Company, SJC-11791 (Sept. 14, 2015), the Supreme Judicial Court (SJC) affirmed an award of $2,250,000 plus interest against an insurer for failing to defend its insured on a $50,000...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

Proskauer - Insurance Recovery & Counseling

Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more

Haight Brown & Bonesteel LLP

CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under...

The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

Neal, Gerber & Eisenberg LLP

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), held that a CGL insurer breached its duty to defend by refusing to pay for...more

McDermott Will & Emery

The New York Court of Appeals Considers the Consequences of a Liability Insurer’s Breach of the Duty to Defend

What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on...more

Dickinson Wright

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

Dickinson Wright on

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

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