Search for: "Non Insurer Defendants"
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17 Apr 2013, 6:30 am
Similarly, the plaintiff may want to take a pledge of the individual's stock in the defendant-company as further insurance against default on the payment obligation.3. [read post]
26 Sep 2017, 10:44 am
The Buss court concluded that allowing insurers to recover the defense costs which they had paid avoided the risk that insureds would be unjustly enriched by receiving a benefit (i.e. costs to defend non-covered claims) that they never bargained for. [read post]
3 Dec 2009, 6:19 am
But proposals to permit such purchases do not merely authorize consumers to buy insurance from non-resident insurers. [read post]
17 Aug 2015, 8:31 am
Plaintiff argued the insurance policy did not expressly exclude non-construction-related injuries, and thus they should have been covered. [read post]
11 Jun 2013, 1:42 am
A twelfth insurer (identified in footnote 1 on page 3 of the settlement agreement) declined to participate in the settlement, and one feature of the settlement is the debtors’ and the individual defendants’ assignment of their rights against this one non-settling insurer. [read post]
22 Sep 2017, 8:27 am
Not only did insurer not send a written refusal to defend within 30 days, insurer continued to defend the driver in court for years. [read post]
16 Jan 2015, 9:20 am
The judge agreed with the defendants—Driver B, who stands to benefit from any damages recovered—that this was a premature action. [read post]
23 Apr 2012, 10:18 am
An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds. [read post]
17 Aug 2019, 11:56 am
The defendant had to pay $500,000 to settle the case. [read post]
12 May 2015, 7:12 am
Asbury, 291 N.C. 164 (1976) (“The North Carolina Constitution insures to each criminal defendant the right to a unanimous jury verdict. [read post]
15 May 2015, 7:53 am
The accident policy also stated the insurer would defend the named insureds in the event of a collision in a covered motor vehicle. [read post]
12 Aug 2018, 10:48 am
The bad faith claim was litigated over the course of several years, during which plaintiffs made several settlement offers to defendants and the insurer – all of which were rejected. [read post]
2 Mar 2014, 9:22 am
Because it never disputed that the collision was covered and because it offered to defend Davalos without a reservation of rights or non-waiver agreement, Northern concluded that Davalos had no right to refuse its defense. [read post]
17 Nov 2011, 1:50 am
The claimants (the operators of the restaurant (the Operators) and the trustees of a pension scheme which held the freehold of the property (the Trustees)) made a claim under two separate insurance contracts with the defendant insurers (the Insurers) in relation to the damage caused by the fire. [read post]
9 Oct 2011, 11:12 am
First, that there is actual fraud in the pleading of jurisdictional facts, or second, the inability of the plaintiff to establish a cause of action against the non-diverse party in state court. [read post]
1 Apr 2012, 11:08 pm
We don't need new legislation insuring that defendants receive the exculpatory information they are entitled to under the U.S. [read post]
4 Aug 2009, 5:08 am
The court further stated that “the insured’s ordinary burden to allocate a verdict between covered and non-covered claims does not shift to an insurer unless the insurer has an affirmative duty to defend the insured under the policy terms. [read post]
15 Apr 2013, 12:32 am
Indeed, one of the many reasons why civil claims triggering D&O coverage frequently settle is that an insured defendant would risk a factual determination that might preclude policy coverage if the defendant were to press the case forward rather than settle. [read post]
4 Dec 2013, 1:27 pm
The solution I am proposing is litigation insurance to cover most or all of the cost of defending against such a suit. [read post]
28 Oct 2009, 12:49 pm
MacAdam J.This case involved a motion by the Defendant Insurer for a declaration of a non-suit. [read post]
