Identifying and Quantifying Government Contract Claims
Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer Chosen Defense Counsel
Settling a Claim: Get Comfortable With Being Uncomfortable
Reservation of Rights and the Insurer
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
On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more
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
With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more
Civil Code section 2860 authorizes the retention of independent counsel in the event a conflict of interest arises between the insurer and its insured. Under the statute a conflict of interest is deemed to arise “when an...more
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more
The decision in Williams Building Company v. Department of State, CBCA 6650 (April 26, 2023) is another warning about the risk of executing a contract modification without an appropriate reservation of rights. Williams...more
“We cannot enforce insurance provisions that render coverage so narrow it is illusory.” The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where...more
The Eastern District of Pennsylvania, applying Pennsylvania law, has held that a healthcare professional liability policy’s sexual abuse/misconduct sublimit applied to claims of negligent hiring and supervision against the...more
Where a liability carrier has assumed its insured’s defense under a reservation of rights, a variety of conflicts between those parties may arise when there are settlement discussions to resolve the underlying litigation....more
The United States District Court for the Southern District of Florida, applying Florida law, has held that a policy’s “theft of funds exclusion” precluded coverage for an insured law firm under its professional liability...more
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more
Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent- In December 2015, Luis Alberto was working on a construction...more
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
The United States District Court for the Western District of Louisiana, applying Louisiana law, has held that material issues of fact precluded summary judgment that an insurer waived or was equitably estopped from raising...more
Contractors and contracting officers are often asked to make tough decisions about issues that arise in the course of a complex government contract. Decisions that change the scope of work, the schedule, or the cost of the...more
North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids. And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more
Almost everyone loves insurance in lawsuits. Plaintiffs love the potential pocket to pay the claim; defendants love the safety net of their insurer funding the defense and potentially the damages that may flow from an adverse...more
In a decision addressing several coverage issues under a directors and officers liability policy, a Delaware federal court held that coverage did not extend to claims based on acts alleged to have taken place before the...more
In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory...more
A California federal court has held that neither sending a reservation of rights letter nor the mere filing of a suit seeking recission or declaratory relief while an insurer defends the insured amounts to a breach of an...more
Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more