News & Analysis as of

Duty to Defend Insurance Claims

Wiley Rein LLP

Insurer Has No Duty to Interplead Policy Limits Under Montana Law When Faced with Multiple Claimants and Potentially Insufficient...

Wiley Rein LLP on

Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not...more

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

Carlton Fields on

On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Payne & Fears

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

Payne & Fears on

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding...more

Tyson & Mendes LLP

Navigating The Claims Seas: What Insurance Defense Attorneys Wish Claims Professionals Knew

Tyson & Mendes LLP on

In the vast ocean of insurance claims, navigating the turbulent waters can be challenging for both claims professionals and insurance defense attorneys. To ensure smooth sailing, it is crucial for claims professionals to...more

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Rivkin Radler LLP

There’s Coverage for That? The ‘Ins & Outs’ of Personal & Advertising Injury Coverage

Rivkin Radler LLP on

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more

McGuireWoods LLP

The Archdiocese Resurrects Faith in the New York Court System:  New York Supreme Court Issues Another Decision Allowing a New York...

McGuireWoods LLP on

Last month, the New York Supreme Court issued a well-reasoned order denying the Archdiocese’s insurers’ motion to dismiss its claim against them for breach of the covenant of good faith and fair dealing, holding that the...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Haight Brown & Bonesteel LLP

2024 Insurance Law Compendium for California

The Fair Claims Settlement Practice Regulations set forth the relevant time limits for claims handling responses and determinations. The most important time limits are: 15 days to acknowledge receipt of claim (10 Cal. Code...more

Lowenstein Sandler LLP

Beyond the Defense: Exploring the Insurer’s Duty to Indemnify

Lowenstein Sandler LLP on

In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to...more

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

Tyson & Mendes LLP on

As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more

Wiley Rein LLP

Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful...

Wiley Rein LLP on

The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more

Morris, Manning & Martin, LLP

Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.

This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat'l Foam, Inc. v....more

Akerman LLP

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death...

Akerman LLP on

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more

Goldberg Segalla

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

Goldberg Segalla on

This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more

Wiley Rein LLP

Court Holds that Ambiguity of One Endorsement Did Not Mean That Similar Endorsement Must Also Be Ambiguous

Wiley Rein LLP on

The United States District Court for the Northern District of California, applying California law, has held that a retroactive date endorsement limited coverage to $1 million if a claim involved wrongful acts occurring prior...more

Wiley Rein LLP

Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment...

Wiley Rein LLP on

Applying Indiana state law, the Indiana Court of Appeals has held that a breach of contract exclusion did not preclude a duty to defend under an employment practices liability policy because some of the underlying allegations...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Rivkin Radler LLP

February 2025 Insurance Update

Rivkin Radler LLP on

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Wiley Rein LLP

Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach

Wiley Rein LLP on

The United States Court of Appeals for the Sixth Circuit, applying Georgia law, has held that the electronic data exclusion in commercial general liability (CGL) policies issued to a retail store company precluded coverage...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Rivkin Radler LLP

January 2025 Insurance Update

Rivkin Radler LLP on

We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Zelle  LLP

“With a Gap in the Pleadings and Extrinsic Evidence Unavailable,” the Insurer has a Duty to Defend

Zelle LLP on

On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

147 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide