News & Analysis as of

Commercial General Liability Policies Litigation Fees & Costs

White and Williams LLP

Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

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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

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims

Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners,...more

Carlton Fields

Third Circuit Slams The Door On Coverage For The Cost of Defending Excluded Claims—Then Leaves It Wide Open

Carlton Fields on

An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more

Hinshaw & Culbertson LLP

Appellate Court's Disposition And Remand Of Matter

In Ducoing Management Inc. v. Superior Court (2015) 234 Cal.App.4th 306, the California Court of Appeal for the Third Appellate District emphasized the importance of clear and understandable instructions to a lower court as...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Insider Quarterly

Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014 #2

D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs: Why it matters - In an important victory for directors and officers of a bankrupt company, a New York court...more

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