Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Loading and Unloading Under GL and Auto Policies: 2022
Prior & Pending Litigation
What is a Damron Agreement?
Applying Washington state law, the United States District Court for the Western District of Washington has held that an insurer had a duty to defend a demand for payment under a vendor invoice for usage fees incurred due to...more
On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more
The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a...more
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more
Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer’s ability to apply hindsight analysis when belatedly reviewing...more
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations...more
Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the...more
The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy...more
The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more
The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
The United States Court of Appeals for the Eight Circuit, applying Minnesota law, has held that a media liability insurer had a duty to defend a reseller of computer networking products against a trademark infringement...more
In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when...more
Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more
An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability...more
Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more
Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more
In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of...more
A federal district court, applying California law, has determined that an insurer owed a duty to defend because the policy’s retroactive date exclusion was ambiguous in that it could reasonably be interpreted to apply only to...more
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more
In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more