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
Tag: Duty to Indemnify
CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
David Adelstein | Florida Construction Legal Updates | February 9, 2019 The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim. The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered under the policy. A recent… Continue reading CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Bradley R. Ryba and Steven P. Nassi | Goldberg Segalla | April 9, 2019 With limited exception, an insurer that owes a duty to defend to its insured cannot litigate whether it also has a duty to indemnify the insured for the same matter until after the insured’s liability has been resolved. In a unanimous… Continue reading Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved
Eric Gold | Policyholder Pulse Blog | March 28, 2019 It’s a familiar story to anyone involved in insurance claims. A policyholder is sued and tenders the claim to its insurer. The insurer agrees to defend subject to a reservation of rights, but it also asserts that policy exclusions may ultimately preclude coverage. While the… Continue reading 11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved
Insurer Must Defend Insured Against Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims