Rick Archer | Law 360 | August 25, 2017 A Nevada federal judge Thursday found an insurance company had no duty to defend construction companies against theoretical future claims, saying the argument stretched the duty to defend “to the breaking point.” U.S. District Judge Jennifer A. Dorsey issued a summary judgment rejecting three insurance companies’… Continue reading Insurance Co. Not Liable For Theoretical Claims, Judge Says
Tag: duty to defend
No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
Tred Eyerly | Insurance Law Hawaii | July 19, 2017 The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017). Consigli was… Continue reading No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
District Court Rules “Professional Services” Exclusion means Professional Services
R. Bruce Wallace | Nexsen | Pruet | June 29, 2017 Recently, the United States District Court for the District of South Carolina granted judgment in favor of an insurance carrier, finding the carrier did not owe a duty of defense or a duty to indemnify the insured in an underlying professional malpractice claim. In State… Continue reading District Court Rules “Professional Services” Exclusion means Professional Services
Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Sally S. Kim | Gordon & Rees LLP | May 11, 2017 The efficient proximate cause rule is one of the more confusing analyses that an insurance company must undertake when investigating certain coverage issues under first party insurance policies. And until now, the efficient proximate cause rule has only been applied to first party… Continue reading Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend