The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands...more
On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to...more
1/14/2022
/ Advertising Injury ,
Bodily Injury ,
Dilution ,
Disparagement ,
Duty to Defend ,
False Advertising ,
Four-Corners Rule ,
Property Damage ,
Trade Dress ,
Trade Secrets ,
Trademark Infringement ,
Trademarks
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more
7/26/2021
/ Appeals ,
Breach of Contract ,
Commercial General Liability Policies ,
Contract Interpretation ,
Corporate Counsel ,
Duty to Defend ,
Insurance Litigation ,
Motion for Summary Judgment ,
Policy Exclusions ,
Policy Terms ,
Reversal
In July of 2020, the United States Court of Appeals for the Fifth Circuit revisited and affirmed its prediction that Texas courts will not allow extrinsic evidence to determine an insurer’s duty to defend where such evidence...more
2/18/2021
/ ATV Accidents ,
Bodily Injury ,
Denial of Insurance Coverage ,
Duty to Defend ,
Extrinsic Evidence ,
Insurance Claims ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Reservation of Rights ,
State Farm
In Texas, and as a general rule, only the four corners of the policy and the four corners of the petition against the insured are relevant in deciding whether the duty to defend applies. Richards v. State Farm Lloyds,...more
In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, 2019 WL 1900397 (M.D. Penn. May 6, 2019) the court found that a self-serve milkshake machine and related...more