Traub Lieberman In Clear Blue Ins. Co. v. Gemini Ins. Co., No. 8:22-cv-1711-TPB-AEP, 2024 U.S. Dist. LEXIS 57340 (M.D. Fla. Mar. 29, 2024), the Court was faced with competing summary judgment motions with each party arguing coverage under the others’ policy applied after the subcontractor’s primary policy was exhausted. CPWR LLC, d/b/a Capital Contractor Services (“CCS”) contracted… Continue reading Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor
Tag: Duty to Indemnify
Untimely Notice Does Not Remove Insurer From Its Duty To Indemnify
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
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