Insurance Industry, Insurance Litigation, Indemnity

Unique Supplemental Payments Provision Leads to Supplemental Payday

Presley & Presley on 2/9/2024

Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend....more

Ohio Supreme Court Applies Tort Conflict of Law Rules to an Insurance Bad Faith Claim.

Marshall Dennehey on 2/6/2024

Scott Fetzer Co. v. Am. Home Assur. Co., Inc., 2023-Ohio-3921 - In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d,...more

Duties in the absence of defense or indemnity obligations – A closer look at the MCS-90 endorsement and the inconsistencies in...

Kennedys on 11/22/2023

Federal law obligates all motor carriers participating in the transportation of property in interstate commerce for hire to show proof that they have the financial ability to cover any damage they cause to the public. One way...more

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

J.S. Held on 7/27/2022

Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

The Bellefonte Rule “No Longer Good Law”

Kennedys on 6/16/2022

The United States Court of Appeals for the Second Circuit rejected the Bellefonte Rule, which reinsurers relied upon to cap liability under certificates of facultative reinsurance for indemnity and expense. The...more

What Goes Around Comes Around

Locke Lord LLP on 1/7/2022

In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d ‎‎910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay ‎additional sums for...more

Settling a Claim: Get Comfortable With Being Uncomfortable

Lowenstein Sandler LLP on 8/19/2021

Although the time may be right to settle that underlying action, issues can arise when your insurer is not on the same page, especially if the insurer has agreed to defend the claim subject to a reservation of rights on...more

Outlier Decision of New York Appellate Court Denies Insurer’s Right to Recoup Defense Costs Even Though Court Found No Duty to...

Carlton Fields on 2/1/2021

Recoupment of defense costs (defense fees and costs) by insurers in the absence of a duty to indemnify under a liability policy is an unsettled issue in many states. In a recent decision, a New York intermediate appellate...more

Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured...

Haight Brown & Bonesteel LLP on 10/29/2020

In Truck Ins. Exchange v. AMCO Ins. Co. (No. B298798, filed 10/26/20), a California appeals court held that even though the named insured restaurant-lessee was found not liable for premises liability to injured restaurant...more

Insurance Industry › Insurance Litigation › Indemnity