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?
Tag: duty to defend
An Insurer’s Duty to Defend the Insured
Adam B. Edgecombe, Esq | Jimerson & Cobb PA | April 20, 2016 A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting… Continue reading An Insurer’s Duty to Defend the Insured
Illinois Federal Court Decision holds that Alleged Property Damage Outside of Subcontractor’s Scope of Work Triggers the Duty to Defend
Clifford J. Shapiro | Barnes & Thornburg LLP | April 1, 2016 Westfield Insurance Company v. National Decorating Service, Inc., No. 1:2014cv01572 (November 25, 2015 N.D. Ill.) (Judge Robert Blakey) holds that, under Illinois law, allegations that a subcontractor’s defective work caused property damage to a building or project outside the scope of the subcontractor’s… Continue reading Illinois Federal Court Decision holds that Alleged Property Damage Outside of Subcontractor’s Scope of Work Triggers the Duty to Defend
Indemnity, Duty to Defend, and Timing
Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
#10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading #10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part