Bethany L. Barrese | Saxe Doernberger & Vita The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer’s duty to defend. As a matter of first impression, the court clarified that insureds have the burden to prove that an exception to a policy exclusion… Continue reading Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Tag: duty to defend
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Nathan Lovett | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that a D&O insurer cannot rely on an excess “other insurance” provision to preclude a duty to defend. TriPacific Capital Advisors, LLC v. Fed. Ins. Co., 2021 WL 5316407 (C.D. Cal. Nov. 15, 2021). The… Continue reading Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend
Jeffrey J. Vita | Saxe Doernberger & Vita In a win for policyholders, the Third Circuit Court of Appeals recently affirmed a District Court’s 2018 ruling, which held that the duty to indemnify follows the duty to defend where a settlement precludes a determination on the facts of the case relative to liability and apportionment.… Continue reading Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend
How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
David Adelstein | Florida Construction Legal Updates How you plead allegations in your lawsuit to trigger duties of a liability insurance carrier is a critical consideration. If the complaint is not pled appropriately, it can result in the carrier NOT owing a duty to defend its insured, which is the party(ies) you are suing. If there… Continue reading How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Sarah Odia and Scott Thomas | Payne & Fears On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as… Continue reading Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend