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Insurance Industry Insurance Litigation Extrinsic Evidence

Rivkin Radler LLP

September 2024 New York Insurance Coverage Law Update

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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

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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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

Adams and Reese LLP

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

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A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to...more

Goldberg Segalla

[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

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Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive...more

Payne & Fears

Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend

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Last year, the Texas Supreme Court adopted a narrow exception to the state’s eight-corners rule, and allowed the consideration of extrinsic evidence to determine the duty to defend. The exception arguably raised more...more

Kennedys

Mending the Gap (in Pleadings): Texas Supreme Court allows for consideration of extrinsic evidence in evaluating an insurer’s duty...

Kennedys on

The Texas Supreme Court answered certified questions from the Fifth Circuit last week in Monroe Guaranty Insurance Company v. BITCO General Insurance Corporation, -- S.W.3d --, 2022 WL --, at * -- (Tex. Feb. 11, 2022),...more

Payne & Fears

Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend

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On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2020 Year in Review

Welcome to CICR’s annual review of insurance cases. Here, we spotlight decisions from the last year that you should know about — and a few pending cases to watch. As our picks for “Cases to Know” (below) indicate,...more

White and Williams LLP

Insurer Owes Defense Despite "Extrinsic Evidence," New York Court Holds

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An insurer’s duty to defend generally is based on a comparison of the complaint against the insured and the insurance policy language. However, in some jurisdictions, an insurer may consider "extrinsic" evidence — information...more

White and Williams LLP

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend

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For third-party liability insurers, no single phrase is more paramount (and vexing) than “the duty to defend is broader than the duty to indemnify.” The duty to defend is one of the most fundamental concepts in insurance...more

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