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
Tag: duty to defend
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
Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend
Gabe Weaver | Ball Janik | October 6, 2015 As I wrote in an earlier blog post (see my August 10, 2015 article here), insurers have a duty to defend their policyholders against any potentially covered loss, which means that insurers are required to defend and attempt to settle claims on behalf of their policyholders… Continue reading Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend