News & Analysis as of

Duty to Defend Insurance Claims Breach of Duty

Rivkin Radler LLP

Insurance Update - May 20 2024

Rivkin Radler LLP on

Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

Rivkin Radler LLP on

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

Rivkin Radler LLP

Insurance Update - August 2023

Rivkin Radler LLP on

Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Wiley Rein LLP

Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs

Wiley Rein LLP on

Applying Arizona law, the United States District Court for the District of Arizona held that an insurer that breached its duty to defend bears the burden of demonstrating that an allocation of defense costs between covered...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

Carlton Fields

Nevada Supreme Court Holds That Insurer’s Liability For Breach Of The Duty to Defend Is Not Capped At Policy Limits

Carlton Fields on

In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

Jaburg Wilk on

The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide