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Negligence › Insureds

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

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In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

White and Williams LLP

MA SJC Rules Attorney’s Fees Awarded Under G. L. c. 93A Are Not Covered by Liability Policy

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In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more

Cozen O'Connor

California Holds Negligent Hiring, Retention, and Supervision Can State a Covered “Occurrence”

Cozen O'Connor on

In Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc., No. S236765 (Cal. Jun. 4, 2018), the California Supreme Court found that an insured sued on the basis that it negligently hired, retained, and...more

K&L Gates LLP

Policyholders Beware: New York Court of Appeals Restricts Additional Insured Coverage Under Common Policy Endorsement to Injuries...

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Recently, the New York Court of Appeals, in Burlington Insurance Company v. NYC Transit Authority, held that a common insurance policy endorsement extending coverage to additional insureds for liability for bodily injury...more

Farella Braun + Martel LLP

Insured May Bear the Consequences of Insurer’s Negligence

Farella Braun + Martel LLP on

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Neal, Gerber & Eisenberg LLP

What Peppers Counsel Needs to Know Before Agreeing to Follow Insurer Litigation Guidelines

Neal, Gerber & Eisenberg LLP on

When an insurer agrees to defend its insured against a potentially covered claim without reserving the right to deny coverage, the insurer usually has the right to control the defense of the underlying lawsuit. See 3 Jeffrey...more

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