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
Tag: Duty to Indemnify
New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Tred R. Eyerly | Insurance Law Hawaii In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt. Co., 2020 N.Y. App. Div. LEXIS 8286… Continue reading New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Allocating Covered and Uncovered Damages in Jury Verdict
David Adelstein | Florida Construction Legal Updates When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights. A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the insurer’s duty to indemnify the… Continue reading Allocating Covered and Uncovered Damages in Jury Verdict
Insurer’s Duty to Indemnify not Ripe Until Underlying Lawsuit Against Insured Resolved
David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: 1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or putative… Continue reading Insurer’s Duty to Indemnify not Ripe Until Underlying Lawsuit Against Insured Resolved
Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
David Adelstein | Florida Construction Legal Updates | May 3, 2019 When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation,… Continue reading Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify