Adam B. Edgecombe, Esq | Jimerson & Cobb PA | April 20, 2016 A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting… Continue reading An Insurer’s Duty to Defend the Insured
Tag: Duty to Indemnify
#10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading #10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union
Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify. See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union