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1 Nov 2018, 1:20 pm
The Court Finds the Defendant Had a Non-Delegable Duty to Maintain the Shop The court rejected each the defendant’s arguments on appeal. [read post]
21 Apr 2022, 11:50 am
Second, the court explained that the company’s interpretation of the exclusion would require the insurer to cover all shareholder derivative suits whether they were by insureds or non-insureds, “a result which is supported by neither the language of the policy nor reason. [read post]
8 Dec 2011, 2:54 am
The High Court has ruled in test proceedings, that two "before-the-event" legal expenses insurers erred when they declined to cover the legal fees of a firm of solicitors that was not on the insurers' panel.1The insurers had refused cover on the basis that the rates of the non-panel solicitors exceeded those prescribed in the insurers' "Terms of Appointment for Non…Panel Solicitors" (£125 per hour, later… [read post]
11 Jul 2008, 1:41 am
CGL - ADDITIONAL INSURED - LATE NOTICE - INSURED DEFENDANTS UNITED IN INTEREST23-08-18 Jackson Realty Assoc. v. [read post]
23 Mar 2021, 5:17 pm
Although the insurance company attempted to rely on a purported “childcare services exclusion” in the insurance policy in order to avoid the possibility of paying out a wrongful death claim brought by the parents for their children’s drownings, the federal district court found that “non-excluded risks” concurrently and substantially caused the twins’ deaths, thus triggering the insurance company’s duty to indemnify the… [read post]
12 Apr 2017, 12:49 pm
On appeal, the court stated that a grant of summary judgment is reviewed with all reasonable inferences made in favor of the non-moving party. [read post]
31 Aug 2021, 8:18 am
The defendant directors in the underlying lawsuit are insureds under the LRN policy. [read post]
20 Dec 2008, 8:56 am
While there is no dispute that Perez is entitled to an Order for Costs against Galambos, the issue is whether Perez can recover directly against the non-party insurer who defended the action. [read post]
3 May 2011, 12:38 pm
.), addressing a coverage question involving a “non-owned autos” provision of an automobile insurance policy. [read post]
14 Oct 2019, 5:00 am
NealonLackawanna CountyPursuant to a Stipulation between the two (2) Defendants, PPL’s crossclaim against the contractor was then subsequently submitted to a non-jury decision before Judge Terrence R. [read post]
31 Mar 2008, 10:18 am
It is important to note the high court did not hold that a conflict of interest existed automatically just because the liability insurer issued a reservation of rights or non-waiver agreement. [read post]
12 Jul 2018, 5:00 am
(Non-precedential). [read post]
26 Jan 2015, 10:49 am
I know that this is hard to believe, but even when an insurance company complies with its duty to defend, the interests of the insurance company and its policyholder may not be aligned. [read post]
17 Jan 2020, 10:05 am
In a nutshell, white collar crimes are non-violent and are financially motivated. [read post]
19 Apr 2023, 12:45 pm
Defendant asserts that § 22:868(A)(2)’s prohibition of insurance contract provisions that restrict the jurisdiction of Louisiana courts does not apply here because Defendant is a surplus line insurer. [read post]
12 Jan 2017, 5:30 pm
The company then sought to have the settlement amount and the fees the defendants incurred in defending the lawsuit to be paid by the company’s D&O insurer. [read post]
22 Mar 2011, 7:18 am
A non-diverse defendant may be found to be improperly joined if either there is "actual fraud in the plaintiff's pleading of jurisdictional facts" or the removing defendant demonstrates that plaintiff cannot establish a cause of action against the non-diverse defendant. [read post]
9 Mar 2014, 9:06 am
An insurance company may protect itself from claims of waiver and estoppel by defending the insured under a reservation of rights. [read post]
3 Sep 2017, 11:32 am
It also failed to obtain a non-waiver agreement from defendant or retain an independent counsel mutually agreeable to both insurer and defendant. [read post]
23 Apr 2024, 12:36 pm
The insurer agreed to defend but reserved its right to seek a judicial declaration of its rights under the policy and to seek reimbursement of amounts it paid if it had no duty to defend or indemnify Stout. [read post]
