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Insurance Industry › Insurance Litigation › Duty to Settle

Wiley Rein LLP

Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and...

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A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more

Wiley Rein LLP

Availability of Other Collectable Insurance Excuses Excess Insurer’s Duty to Defend

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The United States Court of Appeals for the Fourth Circuit, applying South Carolina law, has ruled that an insurer had no duty to defend an insured in a defamation action because its policy provided excess coverage, even where...more

Wiley Rein LLP

California Court Asserts Insurer Bad Faith

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The United States District Court for the Southern District of California, applying California law, has held that a professional liability insurer acted in bad faith by unreasonably maintaining its position that its policy did...more

Wiley Rein LLP

Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made...more

Cozen O'Connor

Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida)

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In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed instruct a jury that an insurer not only owed a duty...more

Miller Nash LLP

[Webinar] Leveraging Claims Handling Requirements to Get Results - February 23rd, 9:00 am - 10:30 am PST

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Insurance companies are notorious for putting policyholders through the wringer when a claim is made. Learn how to push back and better advocate for yourself and your clients in this fast-paced webinar led by some of the...more

Payne & Fears

California Court of Appeal Issues Important Opinion on Bad Faith Failure to Settle

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The California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims.  In Pinto v. Farmers Ins. Exch., No. B295742, ___ Cal....more

Cozen O'Connor

Should You Withdraw The Reservation of Rights To Avoid Entry of a Consent Judgment?

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An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

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California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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