Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Tag: duty to defend
CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
David Adelstein | Florida Construction Legal Updates | February 9, 2019 The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim. The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered under the policy. A recent… Continue reading CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Bradley R. Ryba and Steven P. Nassi | Goldberg Segalla | April 9, 2019 With limited exception, an insurer that owes a duty to defend to its insured cannot litigate whether it also has a duty to indemnify the insured for the same matter until after the insured’s liability has been resolved. In a unanimous… Continue reading Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Insurer Cannot Avoid Duty to Defend Defunct Insured
Stephen S. Asay | Policyholder Pulse | December 26, 2018 A recent decision in the Middle District of Florida, Southern Owners Insurance Company v. Gallo Building Services, Inc., reminds us of the high bar an insurer must clear to avoid its duty to defend an insured—even when that insured is out of business. Gallo Building Services… Continue reading Insurer Cannot Avoid Duty to Defend Defunct Insured
CGL Policies and the Professional Liabilities Exclusion
David Adelstein | Florida Construction Legal Updates | August 11, 2018 Commercial general liability (CGL) policies for contractors traditionally contain a professional liabilities exclusion. This exclusion is generally added through aspecific endorsement to eliminate coverage for professional services. Read the endorsement The point of the exclusion, in a nutshell, is simply to eliminate a CGL policy for a… Continue reading CGL Policies and the Professional Liabilities Exclusion