Ryan Vanderford | Policyholder Pulse Must an insurer consider the possibility that putative class members (i.e., potential class members not named in the complaint) other than the proposed class representatives (i.e., the plaintiffs named in the complaint to represent the proposed class) have claims within the proscribed policy period in determining whether its duty to defend has… Continue reading Do Putative Class Members’ Claims Trigger the Duty to Defend?
Category: Duty to Defend
Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court
Michael S. Levine and Kevin V. Small | Hunton Insurance Recovery Blog In a recent decision, the Maryland Court of Special Appeals reiterated that the duty to defend broadly requires a liability insurer to defend an entire lawsuit against its insured, even where only some of the allegations are potentially covered. The court further held… Continue reading Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court
Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019). The City of Worcester… Continue reading Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
Joshua Fruchter | Merge Mediation Group | September 4, 2019 Standardized commercial general liability (CGL) insurance policies impose a “duty to defend” that obligates insurers to defend insureds against “suits” seeking damages for claims potentially covered by the policy. The existence of a duty to defend is determined by the allegations in the “suit” filed… Continue reading Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Garret Murai | California Construction Law Blog | July 30, 2019 When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th District considered whether an additional insured… Continue reading Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion