News & Analysis as of

Policy Terms Liability Insurance Duty to Defend

Morris, Manning & Martin, LLP

Insurer Must Defend Hotel from Allegations of Sex Trafficking, Northern District of Georgia Rules

In a recent opinion, the District Court for the Northern District of Georgia has ordered an insurer to defend an insured hotel from allegations that it negligently or intentionally permitted a minor to be trafficked for sex...more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

Warner Norcross + Judd on

Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Ervin Cohen & Jessup LLP

Multiple Liability Policies and Who Pays First

Where multiple liability policies are triggered, does one of the insurers get to insist that its deductible be satisfied before the insured can be provided with a defense? Relatedly, can the insured choose which insurer...more

Miller Nash LLP

Third Circuit Finds That Allegation of False Comparative Advertising Triggers Duty To Defend

Miller Nash LLP on

Most commercial liability policies provide what is known as “personal and advertising injury” coverage, which usually provides coverage for claims that an insured’s advertising defamed or disparaged another person’s or...more

Foley Hoag LLP

Obligations of Insurer and Policyholder E-book

Foley Hoag LLP on

The liability insurance relationship is primarily one of contract, with the insurance policy as the principal source of the parties’ obligations. As with other types of insurance, the duties of the parties—and the...more

Cozen O'Connor

NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision

Cozen O'Connor on

Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of...more

Butler Weihmuller Katz Craig LLP

"Common Sense" Conquers "Creative Pleading," as the Eleventh Circuit Applies Narrow Exception to Florida's "Four-Corners" Rule to...

On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve an insurer of its duty to defend in BBG Design Build, LLC v. Southern Owners Insurance Company. In...more

Cozen O'Connor

Observations on Erie Insurance Exchange v. Moore: A Misapplication of Precedent

Cozen O'Connor on

The duty to defend is a critical threshold determination in all liability coverage disputes. The Pennsylvania Supreme Court has provided a clear and consistent directive on the issue: facts alleged in the complaint control...more

Pillsbury Winthrop Shaw Pittman LLP

How Far Does Your Sexual Abuse Liability Coverage Extend?

If faced with continuous injury claims based on past acts of sexual abuse, will an insured’s general liability policies with sexual abuse coverage defend? Purchase insurance that is carefully focused on the risks your...more

Pillsbury - Policyholder Pulse blog

The Private Vs. Public D&O Insurance Forum: Important Considerations for Companies Looking to Avoid Growing Pains

Although it has become common for corporate directors and officers to face claims seeking to hold them personally liable for alleged damages resulting from actions taken in their official capacity, it wasn’t always this way....more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

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