News & Analysis as of

Duty to Indemnify Insurance Industry

Marshall Dennehey

Insurance Provider Granted Summary Judgment Based on an “Aircraft Liability Exclusion” Within Its Policy

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Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, No. 2:21-CV-719-JES-KCD, 2023 WL 5486746 (M.D. Fla. Aug. 24, 2023)  - This matter involved a petition by Travelers, seeking a declaration that it did not owe...more

Goldberg Segalla

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

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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

Wiley Rein LLP

Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy...

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Applying North Carolina law, a federal district court has held that an excess insurer had no duty to indemnify for a 2020 securities class action that related back to various antitrust lawsuits filed prior to the applicable...more

Goldberg Segalla

Loading and Unloading Under GL and Auto Policies: 2022

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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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Ethylene Oxide Emissions/Insurance Coverage: Illinois Appellate Court Addresses Duty to Indemnify/Defend Claims

The Illinois Court of Appeals (Second District) (“Court”) addressed in a March 4th Opinion an insurance coverage question involving a medical instrument sterilization facility (“Medline”). See Ill. Un. Ins. Co. v. Medline...more

Carlton Fields

California Federal Court Awards Insurer Reimbursement of Settlement Funds Paid on Insureds’ Behalf After Finding Insurer Has No...

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The U.S. District Court for the Northern District of California recently ruled in United Specialty Insurance Co. v. Bani Auto Group Inc. that United Specialty Insurance Co. did not have a duty to indemnify its insureds in...more

White and Williams LLP

Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the...

On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed...more

Flaster Greenberg PC

New York Asbestos Ruling Could Change Insurers Approach

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Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Absolute Pollution Exclusion/Quarry Operations: Federal Appellate Court Addresses Coverage for Unplanned Discharge of Rock Fines

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a January 17th opinion a company’s umbrella insurance policy’s absolute pollution exclusion. See Eastern Concrete Materials, Inc., v. Ace...more

Carlton Fields

A Lesson in Sticking to Your Guns: Court Reverses Course and Finds No Duty to Defend or Indemnify on a Motion for Reconsideration

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On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at 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

Saul Ewing LLP

Summary Judgment for Maryland “By the Book” Insurer on Bad Faith Claim

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Baltimore citizens may recall the salacious circumstances of the underlying action giving rise to Hussy v. Hous. Auth. of Baltimore City, 2018 WL 1947049, *8-9 (D. Md. Apr. 24, 2018), under which Mr. Hussy, among other...more

White and Williams LLP

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

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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

Jaburg Wilk

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

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The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Troutman Pepper

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

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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?

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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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