Machaella M. Reisman | Phelps Dunbar In a recent decision, the South Carolina Supreme Court refused to expand the “notice-prejudice rule” but still found that an insurer could not deny coverage based upon the insured’s failure to provide timely notice of an underlying lawsuit because the insured did not materially breach the insurance policy. Covil… Continue reading Untimely Notice Does Not Remove Insurer From Its Duty To Indemnify
Tag: Duty to Indemnify
Insurance Coverage Fundamentals
Sacks Tierney Typically, depending on when the insurance coverage is triggered, the insurance company has the duty to defend its policy-holder and may ultimately have the duty to indemnify. Insurance is the most common form of risk avoidance. Through insurance, the contractor can shift the financial burden of many standard and extraordinary business risks to… Continue reading Insurance Coverage Fundamentals
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
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
Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action
Jatin Patel | Newmeyer Dillion It has long been the law in California that an insurer’s duty to defend is broader than the duty to indemnify and that the mere possibility of coverage triggers a duty to defend. Nevertheless, insurers still periodically ignore this clear principle and attempt to narrow the scope of the duty… Continue reading Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action