Tred R. Eyerly | Insurance Law Hawaii The court found the insurer must defend because there was a possibility of damage to property due to work not performed by the insured. B&W Paving & Landscape, LLC v. Employers Mut. Cas. Co., 2022 U.S. Dist. LEXIS 225783 (D. Conn. Dec. 15, 2022). In… Continue reading Duty to Defend Triggered by Damage to Other Non-Defective Property
Tag: duty to defend
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Margaret Karchmer | Wiley Rein The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made and reported professional liability policies, where one claim was not both first made and… Continue reading Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Understanding Liability Insurer’s Two Duties: To Defend And To Indemnify
David Adelstein | Florida Construction Legal Updates A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important… Continue reading Understanding Liability Insurer’s Two Duties: To Defend And To Indemnify
Insurer Can’t Flush Away Its Duty to Defend
S. Alice Weeks and Lawrence J. Bracken II | Hunton Andrews Kurth In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant. In Harleysville Pref. Ins. Co. v.… Continue reading Insurer Can’t Flush Away Its Duty to Defend
Court Affirms Duty to Defend Additional Insured Contractor
Tred R. Eyerly | Insurance Law Hawaii The appellate court affirmed the lower court’s ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022). XL Construction Services, LLC was the contractor on a construction… Continue reading Court Affirms Duty to Defend Additional Insured Contractor