Stacy M. Manobianca | Saxe Doernberger & Vita The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying… Continue reading Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Category: Duty to Defend
Court Addresses When Duty to Defend Ends
Margo Meta and Anthony Miscioscia | White and Williams There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a duty to defend its insured if the complaint states a claim that potentially falls within the policy’s coverage. However, there is a lack of… Continue reading Court Addresses When Duty to Defend Ends
An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Amandeep Kahlon and Alex Purvis | Build Smart On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase… Continue reading An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
No Duty to Defend If No Fortuity and No Occurrence
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog So after just blogging about how tough it is to avoid the duty to defend, the Seventh Circuit issues an opinion concluding that where the underlying allegations lack fortuity and there is no occurrence, there is no obligation for the insurance company to defend. In Lexington Insurance… Continue reading No Duty to Defend If No Fortuity and No Occurrence
It Is Tough to Avoid the Duty to Defend
Larry P. Schiffer | Squire Patton Boggs Most states view the duty to defend more broadly than the duty to indemnify. Some people call the duty to defend “litigation insurance” because it often applies even where the allegations are slim, conclusory and ultimately untrue. A recent Fifth Circuit case reemphasizes how many courts address the… Continue reading It Is Tough to Avoid the Duty to Defend