News & Analysis as of

Indemnification Insurance Litigation

Phelps Dunbar

Who, Me?

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A surety asserting an indemnity claim in federal court in Georgia sought recovery against indemnitors involved with a joint venture put together to bid on construction projects requiring surety bonds....more

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Lowenstein Sandler LLP

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

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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

Gray Reed

Marcel Exception to Louisiana Oilfield Anti-Indemnity Act Clarified

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An understanding of Willis v. Barry Graham Oil Service LLC requires knowledge of two principles underlying the Louisiana Anti-Oilfield Indemnity Act: The LOAIA bars an oilfield agreement to the extent that the agreement...more

Wiley Rein LLP

Pennsylvania Federal Court Holds Notice of Intent to File Third-Party Complaint Constitutes a “Claim”

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The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a letter notifying the insured of the sender’s intent to file a joinder complaint, i.e., a third-party claim,...more

Carlton Fields

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

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In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Cozen O'Connor

Lack of Insurable Interest Precludes Recovery for Property Damage

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In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more

BakerHostetler

The 5th Circuit’s Second Thoughts on Oilfield Indemnity Limitations

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The Fifth Circuit’s recent opinions in Cimarex Energy Co., et al. v. CP Well Testing, L.L.C. (2022) and Century Surety Co. v. Colgate Operating, L.L.C. (2024) provide divergent interpretations of how the Texas Oilfield...more

Marshall Dennehey

Florida’s Third District Court of Appeal Rules Insurance Carrier Had Duty to Defend

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Fernandez v. Old Republic Nat’l Title Ins. Co., Fla. 3d DCA, No. 3D23-1088, December 4, 2024 - The Third District Court of Appeals reversed a trial court’s ruling and ordered the insurance carrier, Old Republic National Title...more

Cozen O'Connor

Claims Notes: October 2024

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A dental practice submitted a business interruption claim to its property insurers due to the COVID-19 shutdown orders. The insurers denied coverage, citing a lack of physical damage to the premises. Breaking with national...more

Kennedys

Live Life Bella Vita, LLC v. Cruising Yachts, Inc.: Ninth Circuit finds that third-party indemnity claimants are still claimants...

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The Ninth Circuit Court of Appeals in Live Life Bella Vita, LLC v. Cruising Yachts, Inc., -- F.4th --, 2024 WL 4163709 (9th Cir. 2024) found that claimants seeking indemnification or contribution are additional claimants to a...more

Allen Matkins

Has Your Corporation Unwittingly Agreed To Indemnify Its "Executives"?

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The "usual suspects" when looking for director and officer indemnification requirements are...more

Carlton Fields

Second Circuit Warns Insurers of Risks of Forgoing Discovery

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The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers...more

Butler Weihmuller Katz Craig LLP

Federal Court Applying Alabama Law Finds That Insurer Has No Duty To Defend Failure-to-disclose Action

The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more

Wiley Rein LLP

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

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The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more

Adams & Reese

Risky Business – Making Indemnities Work

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Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2022

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Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

J.S. Held

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

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Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

Robins Kaplan LLP

What’s in a Name? The Massachusetts Supreme Judicial Court Sheds Light on Potential Coverage Implications of “DBA” Designations

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It is no secret that wording matters when it comes to the interpretation of an insurance policy. Recently, the Massachusetts Supreme Judicial Court issued a decision indicating that this is particularly true when it comes to...more

Adams & Reese

Insurers Get Relief: CA Rules No Duty to Defend in Opioid Lawsuits. Will Other States Follow?

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Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these...more

Wiley Rein LLP

Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability...

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The United States District Court for the Northern District of Illinois has held that communications from counsel for the buyer of a property concerning undisclosed contamination were sufficient to constitute a Claim against...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

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In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

Holland & Knight LLP

Circuit Split Remains on Availability of Equitable Relief from ERISA Co-Fiduciaries

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The U.S. Supreme Court has denied a petition for certiorari in First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation. Although the headlines typically come when the Supreme Court issues an opinion, its...more

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