Search for: "THE DEFENDANTS LIABILITY INSURANCE POLICYHOLDER"
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21 Aug 2015, 7:24 am
Insurance companies have a broad duty to defend policyholders in actions where they are accused of liability. [read post]
18 Oct 2006, 3:10 pm
A liability insurer's promise to defend its insured is at the core of the protection purchased by policyholders and, in most states, the insurer will be required to defend any suit alleging facts that possibly could result in a judgment against the insured that would be covered by the policy's duty to indemnify. [read post]
27 Feb 2023, 4:36 am
‘Once the insurer proves the material breach of a cooperation clause, the insurer may deny liability coverage under the policy’…. [read post]
1 Feb 2023, 1:26 pm
Although the insurer acknowledged that the personal injury complaint against the insured triggered its duty to defend under the policy, the insurer argued that those exclusions relieved its duty to defend or indemnify the insured. [read post]
10 Dec 2021, 7:54 am
Finally, this case serves as a reminder of the very favorable standards for policyholders that should apply when determining if an insurer has a duty to defend, which the CVR court summarized as follows: To determine if an insurer has a duty to defend an action against its insured, a court should use the following principles: (a) where there exists some doubt as to whether the complaint against the insured alleges a risk… [read post]
12 Nov 2023, 4:41 pm
An insurance company issued a property insurance policy to the policyholder defendants, listing the Veterans Administration as the mortgagee under a standard mortgage clause. [read post]
8 Aug 2023, 1:47 pm
July 31, 2023), an adverse duty-to-defend decision may not foreclose a liability insurer’s indemnity obligations. [read post]
31 May 2023, 8:15 am
During the trial and in response to a motion for directed verdict, the policyholder argued: Testimony regarding the Defendant Insurers’ furtive scheme to use and then formally retain Mr. [read post]
20 Jan 2022, 7:38 am
Defendants in New York state court are now subject to some of the most extensive liability insurance disclosure requirements in the nation. [read post]
3 Nov 2015, 7:45 am
See 1 N.Y.3d at 69 (rejecting an argument that delays to explore other sources of insurance for policyholders "should be encouraged because they are for the benefit of the insured," explaining "that they may also be in the insurer's interest in reducing its ultimate risk, and further may detrimentally delay the policyholder's own search for alternative coverage"). [read post]
20 Nov 2010, 5:31 pm
In an important decision favoring policyholders, the Ninth Circuit recently discussed the breadth of an insurer’s duty to defend its insured under California law, even where no potentially covered causes of action are alleged in the underlying complaint. [read post]
10 Jun 2016, 11:21 am
Emson is a reminder that even in instances of cyber liability, legacy general liability insurance still may be a valuable asset to policyholders. [read post]
1 Sep 2020, 8:47 pm
In addition, whether and when a professional liability insurer must defend an insured against malpractice claims is often in dispute. [read post]
17 Nov 2020, 7:23 am
Pilkington sought coverage for its loss under a commercial property and business interruption policy issued by Defendant Mitsui Sumitomo Insurance Company (MSI). [read post]
3 Jul 2023, 6:00 am
In a US decision as to which of two insurers was the primary insurer with a duty to defend the policyholder, the ‘other insurance’ clauses in each policy were different. [read post]
16 May 2022, 10:00 am
One of the most valuable aspects of liability insurance is defense coverage, which protects policyholders from significant costs to defend against and litigate claims that may never result in a judgment or settlement. [read post]
11 Nov 2019, 11:24 am
In a recent decision, the Maryland Court of Special Appeals reiterated that the duty to defend broadly requires a liability insurer to defend an entire lawsuit against its insured, even where only some of the allegations are potentially covered. [read post]
9 Nov 2013, 4:10 pm
The other driver's insurance policy has a liability limit of $30,000. [read post]
20 Oct 2017, 7:04 am
A California state court recently rejected an excess insurer’s attempt at an early exit from litigation over whether it owes coverage for cyber liabilities. [read post]
8 Mar 2021, 12:36 pm
Bad faith claims occur when an insurer breached their duty to defend their policyholder and pay costs. [read post]
