Amanda Proctor | PropertyCasualtyFocus Under Florida law, similar to that of other states, an insurer’s duty to defend is generally determined solely by the allegations found within the four corners of the complaint. Florida courts, however, recognize an exception to that general rule and will allow for the consideration of extrinsic undisputed facts, which, if… Continue reading An Equitable Exception To the Four Corners Rule: The Eleventh Circuit Looks Beyond Operative Complaint To Find No Duty To Defend
Tag: duty to defend
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company issued three concurrent general liability… Continue reading Coverage for Faulty Workmanship Denied
Court Addresses When Duty to Defend Ends
Anthony L. Miscioscia and Margo E. Meta | 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… Continue reading Court Addresses When Duty to Defend Ends
Product Defect Allegations Trigger Duty To Defend in Pennsylvania
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
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