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9 Mar 2019, 6:50 am
Insurance attorneys will find this Northern District, Dallas Division opinion helpful for seeing how the courts analyze situations where a complaint is trying to be amended in Federal court to add non-diverse defendants. [read post]
5 Mar 2024, 10:01 pm
The defendant insurer only rejected the plaintiff’s claim in June 2016. [read post]
10 Apr 2019, 10:19 am
In the coverage lawsuit, the federal trial court ruled against the insurers and required them to defend the lawsuits. [read post]
23 Nov 2021, 12:26 pm
Only where the insurer ultimately proves that a portion of a claim is not covered may the insurer seek recoupment of the fractional portion of the defense for that non-covered claim. [read post]
9 Jul 2019, 6:35 am
The Court concluded, therefore, that the CID was a “Claim” because it stated a “demand for . . . non-monetary relief” targeted at the insured. [read post]
14 Jun 2012, 11:00 pm
June 7, 2012), the Wisconsin Court of Appeals held that an insurer did not have a duty to defend its insured after the only arguably covered claim in a lawsuit against the insured was dismissed, leaving only non-covered claims. [read post]
14 Jun 2012, 11:00 pm
June 7, 2012), the Wisconsin Court of Appeals held that an insurer did not have a duty to defend its insured after the only arguably covered claim in a lawsuit against the insured was dismissed, leaving only non-covered claims. [read post]
30 Jan 2022, 1:05 pm
At that point, is its duty to defend at an end, leaving the defendant to hire his own attorney to defend the non-covered claims going forward? [read post]
8 Nov 2011, 4:07 am
If the insurance provider later uncovers facts indicating that it can deny coverage, but continues to conduct the defense without taking steps to inform the defendant and protect his or her rights, it waives its right to later assert non-coverage under the policy. [read post]
21 Apr 2018, 10:39 am
The court ruled that because the insurer failed to either defend the driver or seek a declaratory judgement of non-coverage, the insurer violated the law – making it liable for the entire tort judgment, though policy only provided $25,000 per person in coverage. [read post]
11 Nov 2019, 11:24 am
The panel also rejected Selective Way’s theory that an insurer’s duty to defend may be limited where defense costs can be readily apportioned between covered and non-covered claims and that it is the insured’s obligation to apportion the defense costs among the various policies under which it qualifies as an insured. [read post]
23 Feb 2016, 11:20 am
The Liberty Mutual policies afforded a defense to High Point without regard for any non-covered claim, or non-covered co-defendants. [read post]
12 Jul 2010, 6:35 am
In MODIFYING the order appealed from, the Third Department held: Dismissal of Non-Insuring Companies: All but Charter Oak should have been dismissed as defendants. [read post]
26 Jun 2019, 5:42 am
When insurance lawyers know of a defendant who could be named in a lawsuit, they need to sue that defendant immediately. [read post]
23 Jan 2023, 5:42 am
The plaintiffs in the 2018 lawsuit included both insured persons (e.g., Tarter family members) and a non-insured and non-shareholder entity, C-Ville Fabricating Co. [read post]
11 May 2016, 9:00 am
Read More » Tags: CERCLA, Decisions of Note, Defense Costs, Duty to Defend, Insurance, Insurance Coverage, Ninth Circuit [read post]
2 Jan 2014, 9:28 am
Although the ruling in San Miguel focused primarily upon the scope of an insurer's obligation to defend a HOA under the HOA's insurance policy, the ruling underscores the importance of reviewing, understanding, and if necessary, seeking professional guidance regarding the scope of insurance coverage afforded to a HOA under its insurance policies. [read post]
3 Jul 2012, 2:36 am
Initially, the claimants in the underlying case had only consisted of non-insureds. [read post]
8 Aug 2013, 10:37 am
The Defendant had not been induced to enter into the policy by any material non-disclosure. [read post]
24 May 2016, 7:09 am
She eventually sought medical care but did so in a very conservative manner, seeking only non-invasive, physical therapy-type treatment. [read post]
