Insureds won a round the other day when the South Carolina Supreme Court held that reservation of rights letters, which it characterized as nothing but “generic statements of potential non-coverage coupled with” large...more
The importance of the ordinary reservation of rights letter – “we will defend you, but that doesn’t mean we’re going to pay a judgment” — is well known. A different kind of reservation of rights letter – “We will defend you...more
Answering two certified questions, the Nevada Supreme Court has adopted the independent counsel rule first laid down in San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., holding:
When a conflict of...more
“This insurance,” the policy clearly stated, “does not apply to . . . punitive damages. . . .” And yet the carriers will be paying the entire judgment entered in Lompe v. Sunridge Partners, LLC, 54 F. Supp. 3d 1252, 1271 (D....more