News & Analysis as of

Default Judgment Insurance Litigation

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

Presley & Presley

December Bad Faith Update: No Request for Defense, No Coverage Problem

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With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more

Carlton Fields

Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments...

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In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural...more

Cozen O'Connor

Lack of Notice No Excuse for Failure to Settle

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An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No....more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Carlton Fields

Coverage Claim Bites the Dust: Seventh Circuit Finds No Coverage for $50 Million Judgment Resulting From Dust Pollution Due to...

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In Greene v. Westfield Insurance Co., the Seventh Circuit Court of Appeals recently affirmed summary judgment finding that commercial general liability policies issued by Westfield Insurance Co. did not cover a $50.56 million...more

Allen Matkins

9th Circuit Holds Insurer May Defend Suspended Corporation

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An insurer of a suspended corporation has an incentive to defend the corporation because it may be liable to a judgment creditor that obtains a default judgment against the insured suspended corporate. See Cal. Ins. Code §...more

Haight Brown & Bonesteel LLP

Court Affirms Insurer’s Right to Appeal Default Judgment Against Insured in Small Claims Action

In Pacific Pioneer Ins. Co. v. Superior Court (No. G057326; filed 1/30/20), a California appeals court upheld the right of an insurer to appeal a default judgment in a small claims action against its policyholder on the basis...more

Carlton Fields

Odyssey Reinsurance Obtains Summary Judgment in Fraudulent Transfer Case Against Owners of Agency Involved in Reinsurance...

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We have been tracking an ongoing reinsurance matter in which Odyssey Reinsurance Co. obtained a $3.2 million default judgment against Cal-Regent Insurance Services Corp. and Pacific Brokers Insurance Services (PBIS) as a...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Carlton Fields

Post-Judgment Collection Efforts of Reinsurer Continue in California Federal Court

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We have previously reported on Odyssey Reinsurance’s Continuing efforts to collect a $3.2 million default judgment against Richard And Diane Nagby in our blog on numerous occasions. ...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

White and Williams LLP

New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment

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A recent opinion by the New York Supreme Court, Appellate Division (Second Department) highlights the potential risks for an insurer leaving an insured unrepresented while the insurer pursues other parties or insurers who may...more

Carlton Fields

Tax Counsel Ordered To Produce Documents Related To Odyssey Reinsurance’s Continuing Quest To Collect $3.2 Million Default...

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Odyssey Reinsurance Company (“Odyssey”) has obtained an order compelling John Scannell to produce subpoenaed documents related to Odyssey’s efforts to collect a $3.2 million judgment rendered against Richard and Diane Nagby....more

Foley & Lardner LLP

Seventh Circuit Explains Unique Feature of Diversity Statute

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A feature of 28 U.S.C. § 1332, the diversity-jurisdiction statute, may make you scratch your head and wonder why it’s there. In the Seventh Circuit’s March 15, 2018 decision in Hyland v. Liberty Mutual Fire Ins. Co., No....more

Carlton Fields

Magistrate Judge Recommends Denying Application For $305m Reinsurance Judgment

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A Magistrate Judge in the U.S. District Court for the Southern District of New York has recommended that a default judgment totaling more than $221 million be entered against the Islamic Republic of Iran and in favor of...more

Carlton Fields

Odyssey Reinsurance Obtains $3.2 Million Default Judgment And Injunctions Stemming From Fraudulent Transfers Made By Underwriter

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Odyssey Reinsurance Company obtained a $3.2 million default judgment on October 4, 2017, against Cal-Regent Insurance Services Corporation and Pacific Brokers Insurance Services (“PBIS”) as a result of fraudulent transfers...more

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