Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii determined that the insurer could recover defense costs from an additional insured consistent with its Reservation of Rights letter under an unjust enrichment theory. Giga, Inc. v. Kiewit Infrastructure W. Co., 2020 U.S. Dist. LEXIS 10151 (D. Haw.… Continue reading Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
Tag: Reservation of Rights Letter
Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
Frank Ingham | Colorado Construction Litigation | October 11, 2019 The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance… Continue reading Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
“Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
Melissa Dewey Brumback | Construction Law in North Carolina | April 13, 2017 Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an insurance adviser who handled various construction professional… Continue reading “Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
Dear Engineer: Has your Insurer Issued a “Reservation of Rights” Letter?
Melissa Dewey Brumback | Construction Law in North Carolina | April 17, 2017 In my previous post, I made reference to getting a “Reservation of Rights” letter. I noted that the carrier may decide to defend you under a Reservation of Rights (i.e., hire your lawyer) but may not, necessarily, accept the responsibility for paying the claim. … Continue reading Dear Engineer: Has your Insurer Issued a “Reservation of Rights” Letter?
Missouri Court Finds That “Ineffective” Reservation Of Rights Letters May Support Bad Faith Recovery Even In The Absence Of Coverage
Carolyn a. Woodson | Jones Day | November 17, 2014 All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy quotations, and boilerplate reservation language. … Continue reading Missouri Court Finds That “Ineffective” Reservation Of Rights Letters May Support Bad Faith Recovery Even In The Absence Of Coverage