Tred R. Eyerly | Insurance Law Hawaii The Montana Supreme Court held that because there was no duty to defend the insureds’ intentional acts, the insurer had no duty to defend. Farmers Ins. Exch. v. Wessel, 2020 Mont. LEXIS 2617 (Mont. Dec. 22, 2020). The insureds’ property was accessed by Turk Road.… Continue reading No Duty to Indemnify Where No Duty to Defend
Category: Duty to Defend
Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Robert Dennison | Traub Lieberman In American Bankers Ins. Co. of Florida v. National Fire Ins. Co. of Hartford, 2020 WL 5630017 (Sept. 21, 2020), the Northern District of California of the United States District Court had occasion to consider whether allegations in an underlying complaint triggered a duty to defend and a late notice defense to… Continue reading Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit vacated the district court’s grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020). Mac Contractors entered into a… Continue reading Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
William Knauss, III | Wiley Rein Applying Arizona law, the United States District Court for the District of Arizona held that an insurer that breached its duty to defend bears the burden of demonstrating that an allocation of defense costs between covered and non-covered claims is possible. Tapestry on Cent. Condo. Ass’n. v. Liberty Ins. Underwriters… Continue reading Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
Carrier Has Duty to Defend Claim for Active Malfunction of Product
Tred R. Eyerly | Insurance Law Hawaii Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020). … Continue reading Carrier Has Duty to Defend Claim for Active Malfunction of Product