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
Tag: duty to defend
Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Alexandra V. Dattilo | Brouse McDowell | March 1, 2018 Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer’s duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or… Continue reading Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
Garry R. Boehlert and Trevor Ashbarry | For The Defense | February 2018 Look within the general conditions of virtually every construction contract and you will find a clause captioned “indemnity” or “indemnity and duty to defend.” Often these clauses have been cut, pasted, and cobbled together so many times that they become a jumble of… Continue reading Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith
Kevin Mapes | The Policyholder Report | February 20, 2018 A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, LLC v. Houston Specialty Insurance Co., arose from underlying construction-defect litigation.… Continue reading In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith
An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent