Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Tag: duty to defend
Oregon Supreme Court Reaffirms Broad Nature of the Duty to Defend, even in the Face of Ambiguous or Unclear Allegations
Kevin Mapes | The Policyholder Report | December 14, 2016 Back in August 2015, I wrote this post about the Oregon Court of Appeals opinion in West Hills Development Co. v. Chartis Claims, Inc., where the court confirmed that Oregon’s broad duty to defend extended to parties claiming rights as “additional insureds.” Last week, the… Continue reading Oregon Supreme Court Reaffirms Broad Nature of the Duty to Defend, even in the Face of Ambiguous or Unclear Allegations
Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
Matthew K. Grashoff | Brouse McDowell | August 24, 2016 Experienced insurance-coverage attorneys and brokers know that in many cases the biggest expense to the insured is not the repayment of whatever damages are alleged by the plaintiff, but rather the insured’s own defense costs. Therefore, one of the main objectives of coverage litigation is… Continue reading Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend
Stan Martin | Commonsense Construction Law LLC | June 10, 2016 A New Hampshire court has issued a thoughtful decision on the duty to defend arising from an indemnity obligation in a design contract. The court distinguished between the duty to defend often invoked for insurance coverage, from a duty to defend expressed in a… Continue reading Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend
Can a Government Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?
John P. Fischer | Barnes & Thornburg LLP | June 6, 2016 Can a demand from a state agency trigger insurance coverage? A recent decision by the U.S. Court of Appeals for the Ninth Circuit says “yes.” Many, if not most, jurisdictions now recognize that a demand from the Environmental Protection Agency (EPA) or a… Continue reading Can a Government Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?