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
Tag: duty to defend
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
Do Putative Class Members’ Claims Trigger the Duty to Defend?
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?
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