Tred R. Eyerly | Insurance Law Hawaii Granting the insured’s motion for partial judgment on the pleadings, the court determined the insurers had a duty to defend. Suez Treatment Solutions, Inc. v. Ace Am. Ins. Co. & Liberty Mut. Fire Ins. Co., 2022 U.S. Dist. LEXIS 59044 (S. D. N. Y. March 30, 2022). … Continue reading Insurers Must Defend Allegations of Faulty Workmanship
Tag: duty to defend
No Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat’l Mut. Cas. Ins. Co. v. River City Roofing, 2022 U.S. Dist. LEXIS 38226 (E.D. Va. March 3, 2022). Branch Builds, Inc, was the general contractor for… Continue reading No Duty to Defend Construction Defect Claims
Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Fifth Circuit Finds Duty to Defend Construction Defect Case
Tred R. Eyerly | Insurance Law Hawaii Reversing the judgment of the district court, the Fifth Circuit found the insurer owed a defense in a construction defect case. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022). The Archdiocese of New York sued various… Continue reading Fifth Circuit Finds Duty to Defend Construction Defect Case
Beyond the Eight Corners: Determining Whether a Liability Insurer’s Duty to Defend Is Triggered
Andrew Gann, Etahjayne Harris and Nicholas Hill | McGuireWoods In two recent decisions, the Texas Supreme Court defined the limited parameters in which Texas courts can look beyond the “four corners” of the complaint against the policyholder and the “four corners” of the insurance policy (i.e., the “eight-corners rule”) when determining whether an insurer’s “duty… Continue reading Beyond the Eight Corners: Determining Whether a Liability Insurer’s Duty to Defend Is Triggered