News & Analysis as of

Covenant of Good Faith and Fair Dealing Policy Exclusions Insurance Litigation

Pillsbury - Policyholder Pulse blog

California Appeals Court Reinforces that Insurer Failure to Investigate Potential Bases for Coverage Outside the Pleadings Can...

In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

McGuireWoods LLP on

In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more

Carlton Fields

Massachusetts High Court Rejects Insurance Company’s Application of “Physical Abuse” Exclusion to a Personal Injury Claim...

Carlton Fields on

Insurance companies typically incorporate intentional harm exclusions into their homeowners’ insurance policies, which allow them to deny coverage where the insured intentionally causes bodily injury or property damage....more

Hinshaw & Culbertson - Insights for Insurers

Insights on the First COVID-19 Coverage Lawsuits

As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more

Bradley Arant Boult Cummings LLP

More than Meets the Eye: Policy Exclusion May Not Apply When Initial Event is Covered Occurrence - Construction and Procurement...

In a 2017 opinion, Xia v. ProBuilders Specialty Insurance Company, the Washington State Supreme Court analyzed whether an insurer breached its duty of good faith and fair dealing in refusing to defend its contractor insured...more

Farella Braun + Martel LLP

The Ramifications of a Less-Than-Thorough Investigation

An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more

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