Search for: "THE DEFENDANTS LIABILITY INSURANCE POLICYHOLDER"
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17 May 2016, 6:54 am
Recently, we wrote about the breadth of the “duty to defend,” and its importance to policyholders. [read post]
11 Apr 2016, 12:52 pm
So long as the allegations against the insured create a potential that the policyholder may face liability covered by the policy, the insurer must defend. [read post]
25 Sep 2023, 8:36 am
The Supreme Court rejected the insurers’ arguments that it had no duty to defend the policyholder in connection with a $15 million False Claims Act (FCA) investigation and settlement. [read post]
9 Aug 2021, 6:15 am
” The manufacturer tendered the claim to its general liability insurer, Great American, under a policy that provided coverage for both bodily injury and property damage liability (Coverage A) and personal and advertising injury liability (Coverage B). [read post]
22 Aug 2012, 1:34 am
In a decision that gives broad effect to a D&O insurance policy’s contractual liability exclusion, on August 17, 2012, Middle District of Pennsylvania Judge William Nealon granted the insurer’s motion for summary judgment, holding under Pennsylvania law that the insurer had no obligation to defend or indemnify the policyholder in the underlying action. [read post]
23 Aug 2018, 6:51 am
The construction company had Commercial General Liability (CGL) and excess policies with its insurer, Mt. [read post]
8 Mar 2023, 7:43 am
A New York Federal judge recently ordered a directors and officers liability insurer to pay $4.5 million that an investment firm had spent defending an arbitration proceeding brought by a former executive. [read post]
24 Jan 2018, 11:46 am
” The decision is a helpful reminder for policyholders and other insureds, alike, of the breadth of the defense obligation that resides in most standard-form general liability insurance policies. [read post]
24 Jan 2018, 11:46 am
” The decision is a helpful reminder for policyholders and other insureds, alike, of the breadth of the defense obligation that resides in most standard-form general liability insurance policies. [read post]
19 Jul 2012, 4:01 am
The First Circuit recently confirmed the traditional rule that it doesn’t take much to trigger an insurer’s duty to defend a policyholder against an environmental claim. [read post]
29 Aug 2012, 4:57 am
Now another New York court is raising the spectre of consequential damages in a liability case, asking whether Connecticut would recognize the right of insureds to sue for reputational damage and a loss of earnings potential based upon an insurer's failure to defend. [read post]
31 Mar 2008, 10:18 am
Grievance Committee, 179 S.W.2d 946 (Tex. 1944), and applied three factors to be considered in determining whether a liability insurer is practicing law by using staff attorneys to defend claims against insureds. [read post]
13 Oct 2023, 9:45 am
Excess: “Other insurance” clauses may provide that an insurer can limit its liability for defense costs and covered loss to only the amount exceeding what is covered by other applicable insurance policies. [read post]
13 Sep 2019, 6:38 am
Victims may sue or employ alternative dispute resolution methods to pursue legal claims against alleged perpetrators, the organizations that employed the alleged perpetrators at the time of the acts, and other persons or organizations that may have responsibility for the acts or liability for the harm done (collectively, “potential defendants”).All of the Addressees that issued policies to potential defendants (hereinafter “Insurers”) are… [read post]
7 Jul 2009, 12:26 pm
The policyholder was sued by the underlying plaintiffs over the insured's conduct in connection with attempted mergers between real estate businesses. [read post]
17 Jul 2017, 12:06 pm
In 2015 and 2016, we discussed certain provisions of the then drafts of the Restatement of the Law, Liability insurance, including the Duty to Cooperate, here, and Duty to Defend, here and here. [read post]
18 Jul 2019, 12:34 pm
If an insurer chooses to defend under a reservation of rights and the policyholder refuses to consent to a defense agreement, the insurer must seek declaratory relief. [read post]
3 Oct 2023, 12:00 pm
The Eleventh Circuit held that management companies’ failure to cooperate breached general liability insurance policies issued by the insurers. [read post]
12 May 2016, 12:08 pm
A Michigan US appeals court found that the insurer had no duty to defend or indemnify a solar power company in a lawsuit over its allegedly shoddy installation of solar panels because the general liability policy did not provide cover where only the policyholder’s own work was damaged. [read post]
18 Feb 2007, 8:02 pm
A common enough scenario in a liability-insurance case: the parties file cross-motions for summary judgment, with the insurer arguing it has no duty to defend. [read post]
