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Duty to Defend Defense Strategies

Miller Nash LLP

[Webinar] Leveraging Claims Handling Requirements to Get Results - February 23rd, 9:00 am - 10:30 am PST

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Insurance companies are notorious for putting policyholders through the wringer when a claim is made. Learn how to push back and better advocate for yourself and your clients in this fast-paced webinar led by some of the...more

Carlton Fields

An Agreement to Arbitrate Is Not a Contract Defense Under Montana Law

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The Ninth Circuit reversed the District of Montana’s denial of a motion to compel arbitration on the grounds that “the insurer was estopped from asserting contract defenses as a result of its breach of its duty to defend.” ...more

Farella Braun + Martel LLP

The Ramifications of a Less-Than-Thorough Investigation

An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more

Cozen O'Connor

West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense

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The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ of prohibition, awarding it an immediate dismissal of the insureds’ bad faith claims. State ex rel. Universal Underwriters...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Holds that Insurer’s Payment to Insured’s Independent Counsel Erodes Policy Limits

A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your...more

Cozen O'Connor

Don’t Let a Little Concealer Ruin Your Coverage Defenses

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May an insurer in New York delay asserting (or conceal, according to Estee Lauder) a late notice defense without waiving it? According to the New York Court of Appeals a jury should decide whether the insurer manifested a...more

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