Insurance Litigation, Policy Terms, Defense Costs

Insured Cannot Block Coverage For Settlement By Another Insured Based On Consent and Cooperation Provisions in D&O Policy

Wiley Rein LLP on 3/21/2024

The United States District Court for the Southern District of New York, applying New York law, has held that one Insured cannot use consent and cooperation provisions in a D&O insurance policy to block coverage for another...more

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

Farella Braun + Martel LLP on 6/4/2021

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

Robinson+Cole Property Insurance Coverage... on 2/9/2021

The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination...more

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

Wiley Rein LLP on 10/29/2020

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

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

Farella Braun + Martel LLP on 3/8/2019

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more

Insurance Litigation › Policy Terms › Defense Costs

Insured Cannot Block Coverage For Settlement By Another Insured Based On Consent and Cooperation Provisions in D&O Policy

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

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

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

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