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Indemnity Agreements Insurance Litigation

Cranfill Sumner LLP

Workers' Compensation Cases to Consider in 2023

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In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

Wiley Rein LLP

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

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A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

K&L Gates LLP

Who's to Pay? Trade Contract Rather than Insurance Policy Controls Priority of Insurance Coverage under New York Law

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On 5 October 2021, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that, under New York law, the indemnity agreement in a contract between a contractor and subcontractor...more

Haight Brown & Bonesteel LLP

No Duty to Defend Claims of Retailer’s Own Negligent Mislabeling Under Supplier’s Indemnity Agreement or Vendor’s Endorsement

In Target Corporation v. Golden State Ins. Co. Limited (No. B279995, filed 10/10/19), a California appeals court held that there was no duty to defend or indemnify a retail pharmacy against allegations that it had mislabeled...more

Hogan Lovells

UK: Make him a costs order he can’t refuse: Indemnity insurer must pay costs of negligently advised purchasers in Mafia-linked...

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On 11 January 2019, the High Court handed down its judgment in Various Claimants v Giambrone & Law (A Firm) & Others, AIG (Europe) Limited [2019] EWHC 34 (QB)), finding that AIG is liable for claimants’ costs pursuant to a...more

Carlton Fields

Arbitration Clause Contained Only In “Side” Agreements To Insurance Policies, Enforced In Dispute Over “Retrospective Premiums”

Carlton Fields on

A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more

Carlton Fields

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

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Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

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