News & Analysis as of

Duty to Defend

Cozen O'Connor

The Time Limited Demand and Duty to Settle: Common Themes and Advising Your Insurer Client How to Avoid Bad Faith

Cozen O'Connor on

There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been...more

Cozen O'Connor

Claims Notes: September 2024

Cozen O'Connor on

Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

DRI

The Jenga Effect: Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers

DRI on

In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more

Wiley Rein LLP

Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against...

Wiley Rein LLP on

The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the...more

Wiley Rein LLP

Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion

Wiley Rein LLP on

The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Dechert LLP

Dechert Re:Torts - Issue 17

Dechert LLP on

Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

Rivkin Radler LLP on

The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

Wiley Rein LLP

Eighth Circuit Finds Duty to Defend Under Media Liability Policy Despite Broad Related Acts Provision

Wiley Rein LLP on

The United States Court of Appeals for the Eight Circuit, applying Minnesota law, has held that a media liability insurer had a duty to defend a reseller of computer networking products against a trademark infringement...more

Lowenstein Sandler LLP

Allocation: Debunking the “Partial” Duty to Defend Myth

In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when...more

Rivkin Radler LLP

Insurance Update - May 20 2024

Rivkin Radler LLP on

Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

Warner Norcross + Judd on

Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Wiley Rein LLP

Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O...

Wiley Rein LLP on

An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more

Butler Weihmuller Katz Craig LLP

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability...more

Charles E. Rounds, Jr. - Suffolk University...

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...more

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Ward and Smith, P.A.

A Swift Debriefing: Rapid Fire Legal Update

Ward and Smith, P.A. on

At Ward and Smith's recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from the General Assembly, how to navigate insurance policies, a Supreme Court...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

Wiley Rein LLP on

The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

White and Williams LLP

Top Developments March 2024

White and Williams LLP on

Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more

Lowenstein Sandler LLP

High Court Should Maintain Insurer Neutrality In Bankruptcy

Lowenstein Sandler LLP on

A recent Expert Analysis article penned by Frank Perch, "High Court Should Endorse Insurer Standing In Bankruptcy," advocates for the U.S. Supreme Court, in Truck Insurance Exchange v. Kaiser Gypsum Company Inc., to adopt a...more

Stikeman Elliott LLP

Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions...

Stikeman Elliott LLP on

In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of...more

Wiley Rein LLP

Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law

Wiley Rein LLP on

A federal district court, applying California law, has determined that an insurer owed a duty to defend because the policy’s retroactive date exclusion was ambiguous in that it could reasonably be interpreted to apply only to...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 1): Reservations of Rights Can Trigger Right to Independent Counsel

This is the first in a series of discussions about issues that arise on a regular basis after policyholders file an insurance claim. Many liability insurance policies require the insurer to defend the insured. This “duty...more

672 Results
 / 
View per page
Page: of 27

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide