Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
Tag: Reservation of Rights
Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Luke Mecklenburg and Anna Adams | Snell & Wilmer In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where the insured has entered into a Nunn-type Agreement to assign… Continue reading Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
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
STOP in the Name of Releases, Before They Break Your Claims
Amy Elizabeth Garber | Buildsmart Given the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services Board… Continue reading STOP in the Name of Releases, Before They Break Your Claims
Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds
Jason M. Taylor | Traub Lieberman Straus & Shrewsberry | February 25, 2019 In Auto-Owners Ins. Co. v. Cribb, 2019 WL 451555 (N.D. Ga. Feb. 5, 2019), the U.S. District Court for the Northern District of Georgia found that an insurer, Auto Owners, was estopped from denying coverage to two individual insureds under a commercial general… Continue reading Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds