News & Analysis as of

Duty to Defend Duty to Indemnify Insurance Litigation

Conn Kavanaugh

Understanding a Reservation of Rights Letter

Conn Kavanaugh on

You have purchased a liability insurance policy and believe that your insurance coverage will protect you from any claims that may be made against you. You receive a claim letter or are served with a legal document that says...more

Carlton Fields

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

Carlton Fields on

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more

Carlton Fields

New York Federal Court Enforces “Third Party or Contracted Security” Exclusion to Abrogate Duty to Defend for All Defendants in...

Carlton Fields on

In Clear Blue Specialty Insurance Co. v. TFS NY Inc., the U.S. District Court for the Eastern District of New York, interpreting the plain and unambiguous terms of a commercial general liability policy issued by Clear Blue...more

Goldberg Segalla

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will...more

Goldberg Segalla

Loading and Unloading Under GL and Auto Policies: 2022

Goldberg Segalla on

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding courts' interpretation of the relationship between commercial general liability and business auto policies. This will include...more

Zelle  LLP

Opioid Case May Guide Climate Change Insurance Suits

Zelle LLP on

The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...more

Nutter McClennen & Fish LLP

Atomic Café Trademark Litigation Against LeanBox and Cold Brew Does NotTrigger Travelers Indemnity’s Duty to Defend or Indemnify,...

In The Travelers Indemnity Company v. Lean & Local LLC, Travelers sought a declaration that it did not owe its insureds indemnity or a defense. Judge Green granted Travelers summary judgment. The claims asserted against the...more

Pillsbury - Policyholder Pulse blog

Electing to Pay One Claim Over Another to an Insured’s Detriment Could Subject Insurers to Bad Faith Claims

A federal court in Michigan just breathed new life into a long-running legal saga—while at the same time issuing a warning shot across the bows of insurers—by declining to dismiss an insured’s bad faith cause of action...more

White and Williams LLP

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend

White and Williams LLP on

For third-party liability insurers, no single phrase is more paramount (and vexing) than “the duty to defend is broader than the duty to indemnify.” The duty to defend is one of the most fundamental concepts in insurance...more

Troutman Pepper Locke

Federal Court in Alaska Holds Insurer Liable Under E&O Policy to Indemnify and Defend Construction Manager for Claims by...

Troutman Pepper Locke on

KICC –Alcan Gen. v. Crum & Forster Specialty Ins. Co., 2017 U.S. Dist. LEXIS 37560 (March 16, 2017) - A Contractor/Construction Manager, KICC-Alcan General (“KICC”), entered into a subcontract with an MEP subcontractor,...more

Nossaman LLP

What Are Insurers Using for Excuses Not to Pay Claims?

Nossaman LLP on

We have seen a recent rash of cases where defending insurers are stretching to new lengths to force their insureds to contribute substantially more that the deductible bargained for in the policy, often grasping at the straw...more

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