Andrew Daechsel | PropertyCasualtyFocus | June 27, 2018 While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration. For example, can an insurer’s duty to defend be determined by looking solely at the initial… Continue reading To Defend or Not to Defend? Northern District of Ohio Provides Guidance for Determining Whether to Defend an Arbitration
Tag: duty to defend
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii | May 21, 2018 The magistrate judge recommended that the insurer’s motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak)… Continue reading Insurer Must Defend Contractor Against Claims of Faulty Workmanship
In Washington, Insurers Can’t “Unring The Bell” After Wrongful Denial Of Coverage
Kevin Mapes | The Policyholder Report | April 23, 2018 For the second time in two months, a federal court in Washington state has rejected an insurer’s attempt to avoid the consequences of its wrongful failure to defend its insured by effectively changing its mind and later—in this case much later—offering a defense. In Rushforth Construction Co.… Continue reading In Washington, Insurers Can’t “Unring The Bell” After Wrongful Denial Of Coverage
Duty to Defend Pre-Litigation Construction Defect Claims
Christopher P. Ferragamo and Alexis P. Joachim | DRI Coverage disputes between insureds and their insurance companies over the scope of the term “suit” and whether insurers are obligated to provide insureds with a defense for quasi-judicial proceedings relating primarily to environmental clean-up actions initiated by state and federal environmental agencies have been waged for decades. The Insurance Services Office (ISO) attempted to end… Continue reading Duty to Defend Pre-Litigation Construction Defect Claims
Don’t Let Them Off the Hook: Ninth Circuit Affirms an Insurer’s Broad Duty to Defend
Nathaniel Miller | Pillsbury Winthrop Shaw Pittman LLP | March 29, 2018 As the adage goes, don’t make a promise you cannot keep. An insurance policy, like any other contract, involves a commitment from both sides. For third-party liability policies, an insurer typically commits to a broad duty to defend the policyholder against any suits alleging claims… Continue reading Don’t Let Them Off the Hook: Ninth Circuit Affirms an Insurer’s Broad Duty to Defend