News & Analysis as of

Consumer Insurance Products Duty to Defend

Butler Weihmuller Katz Craig LLP

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

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

Carlton Fields

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

Carlton Fields on

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more

Carlton Fields

“Common Sense Should Prevail” — Federal Court Recognizes Exception to “Eight-Corners Rule,” Allows Use of Undisputed Extrinsic...

Carlton Fields on

In Southern-Owners Insurance Co. v. Midnight Tires Inc., the U.S. District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the...more

Butler Weihmuller Katz Craig LLP

Federal Court Applying Alabama Law Finds That Insurer Has No Duty To Defend Failure-to-disclose Action

The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more

Cozen O'Connor

NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision

Cozen O'Connor on

Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of...more

Wiley Rein LLP

Insurer Had No Duty to Defend or Indemnify for Lawsuit Refiled During the Policy Period

Wiley Rein LLP on

Applying Illinois law, a federal district court has held that an insurer did not have a duty to defend or indemnify for a lawsuit that was filed and dismissed prior to the policy period and later refiled during the policy...more

Carlton Fields

Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments

Carlton Fields on

Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more

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