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?
Tag: duty to defend
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
Claims for Negligence? Duty to Defend Triggered
Michael S. Levine | Hunton Andrews Kurth | June 19, 2019 On June 17, 2019, the First Circuit held that an insurer’s duty to defend was triggered because the underlying complaint set forth claims that required a showing of intent as well as claims that sought recovery for conduct that “fits comfortably within the definition of an… Continue reading Claims for Negligence? Duty to Defend Triggered
Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
David Adelstein | Florida Construction Legal Updates | May 3, 2019 When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation,… Continue reading Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Garret Murai | California Construction Law Blog | June 5, 2019 It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically, the higher-tiered party) from third-party claims. But when an indemnitor refuses to defend an indemnitee, who gets decide… Continue reading California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion