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Excess Policies Duty to Defend

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

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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

New York Insurance Coverage Law Update - November 2022

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Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice- In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its...more

Wiley Rein LLP

Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense

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The Ohio Court of Appeals, applying Ohio law, has enforced an employment practices liability (“EPL”) carrier’s “other insurance” clause, holding that the insured’s commercial general liability (“CGL”) policy afforded primary...more

White and Williams LLP

Wisconsin Appeals Court Finds No Duty to Defend Under Excess Policies

On April 25, the Wisconsin Court of Appeals concluded in Johnson Controls, Inc. v. Central National Insurance Company of Omaha, et al., that two excess insurers had no duty to defend policyholder Johnson Controls in...more

Carlton Fields

Well, That Seemed Exhausting: When Is an Excess Insurer Obligated to Post an Appellate Bond?

Carlton Fields on

“You say to-may-toe; I say to-mah-toe,” or so the saying goes. According to the Eastern District of Pennsylvania in Charter Oak Insurance Company v. Maglio Fresh Food, No. 12-3967 (E.D. Penn. Sept. 9, 2014), the same can be...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - March 2014

D&O Coverage for Subpoena Response Costs: An Emerging Consensus? Responding to a subpoena can be an expensive proposition. Fortunately, in many instances, a company can call upon its D&O insurer to help defray the...more

Saul Ewing LLP

Bad Faith Sentinel - July 2013

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CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

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