Search for: "THE DEFENDANTS LIABILITY INSURANCE POLICYHOLDER"
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30 Sep 2020, 7:20 am
Work With Our Miami Insurance Coverage Lawyer Today In Florida, if a policyholder is potentially liable to a third-party (i.e., a liability claim has been brought against them and that claim is covered by the underlying insurance policy), then the insurer has a duty to defend the policyholder in the ensuing litigation. [read post]
10 Dec 2022, 1:06 pm
A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. [read post]
29 Nov 2019, 12:06 pm
Understanding the Duty to Defend CGL insurers (where the policy includes a duty-to-defend) are obligated to handle their policyholder’s defense, and in some cases, to indemnify the policyholder if the case leads to damages. [read post]
10 Apr 2019, 10:19 am
” This is another reminder to policyholders that potentially covered claims, even if they later turn out not to be covered or to be groundless, even fraudulent, still need to be defended by insurance companies. [read post]
22 Jun 2023, 8:29 am
The Contractual Liability Exclusion With a contractual liability exclusion, an insurer seeks to limit its obligations to the policyholder for tort liability and to avoid responsibility for liability arising out of the insured’s contracts. [read post]
4 Aug 2020, 1:22 pm
The Washington Supreme Court held a law firm who had previously represented an insurance company in defending bad faith suits was not disqualified from representing plaintiff policyholders in a bad faith suit involving a fire loss against the same insurer. [read post]
30 Nov 2020, 10:39 am
Let Our Miami Insurance Coverage Lawyer Help If you are a Commercial General Liability (CGL) policyholder, then you may be feeling a bit lost if your insurer has refused to defend you in the underlying litigation. [read post]
14 Aug 2019, 11:14 am
If you are an insurance policyholder who has questions or concerns regarding how your case is being defended by the lawyers hired by your insurance company, do not hesitate to give us a call. [read post]
22 Jun 2023, 11:12 am
It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. [read post]
8 Sep 2021, 12:53 pm
Just as the Ohio and Delaware supreme courts gear up for oral argument – September 8th and 22nd, respectively – on whether insurers must defend opioid distributors in lawsuits related to the opioid crisis, Hunton Andrews Kurth Partner Syed Ahmad weighed in with the policyholders’ prospective for Law360. [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]
27 Sep 2022, 7:49 am
This coverage often contains a duty to defend the policyholder from third party claims as well as a duty to indemnify the policyholder for the costs of settlement or judgment. [read post]
16 May 2016, 11:13 am
Andrea DeField’s update, and her original post discuss portions of the proposed Restatement of the Law on Liability Insurance and how they may alter the consequences for breaching the duty to defend. [read post]
2 May 2016, 11:48 am
It also could be the difference between a policyholder conceding liability to end the liability litigation, simply because the cost of defense is too great, or vigorously defending itself against unwarranted claims. [read post]
15 Aug 2022, 11:52 am
Last week, a New York federal court ruled that an insurer’s “exceedingly broad duty to defend the insured” extended to the policyholder’s indemnification of its landlords in an underlying tort claim. [read post]
27 Jul 2023, 7:55 am
Defense-within-limits provisions—resulting in what is called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. [read post]
29 Mar 2018, 10:19 am
For third-party liability policies, an insurer typically commits to a broad duty to defend the policyholder against any suits alleging claims that have a potential for coverage under the insurance policy. [read post]
10 Aug 2017, 7:02 am
For example, some of the most hotly debated sections of the proposed Restatement include, (1) policy interpretation principles, such as when a term is deemed ambiguous; (2) the standard for determining the insurer’s duty to defend; (3) the insurer’s duty to make reasonable settlement decisions; and (4) the allocation of liability in long-tail environmental claims. [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]
9 Oct 2018, 10:23 am
Manger Insurance Co., ruling that a contract between a policyholder and general contractor fit the insured contract exception of contractual liability. [read post]