Jeffrey J. Vita | Saxe Doernberger & Vita In a win for policyholders, the Third Circuit Court of Appeals recently affirmed a District Court’s 2018 ruling, which held that the duty to indemnify follows the duty to defend where a settlement precludes a determination on the facts of the case relative to liability and apportionment.… Continue reading Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend
Category: Insurance
Insurer’s Late Notice Defense Fails on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021). Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment
Indemnity Provision Prevails Over “Other Insurance” Clause
Tred R. Eyerly | Insurance Law Hawaii The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause
Understanding Wrap Insurance Policies
Jeff G. Coyner | The Green Law Group Construction job sites entail particular liabilities for property owners and contractors alike. To effectively manage this liability, many job sites now include an Owner Controlled Insurance Program (OCIP) or a Contractor Controlled Insurance Program (CCIP). These programs are becoming more and more popular as a way to… Continue reading Understanding Wrap Insurance Policies
Exclusions In Construction Insurance Policies
Jeff G. Coyner | The Green Law Group Construction general liability policies are expensive in today’s market. In response to this, insurance underwriters have attempted to make policies less expensive. Insurance companies do this by adding exclusions to policies which limit the instances where a carrier may have to pay. How exclusions make insurance less… Continue reading Exclusions In Construction Insurance Policies