Emerging Issues Analysis: SNR Denton on New York Marine & General Insurance Co. V, Lafarge v. North America, Inc.

By William T. Barker, Partner, SNR Denton In New York Marine & General Insurance Co. v. Lafarge North America, Inc. (“NYMAGIC”) 593 F.3d 102 (2nd Cir. 2010), the Second Circuit pointed out limits to an insured’s right to be defended by independent counsel, rather than counsel...

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees

Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.? "I say put money in thy purse." Othello Act 1, scene 3 Randy J. Maniloff, White and Williams, LLP Don't be fooled by the Shakespeare quote. I'm not that smart. I wouldn't...

Can a Suit Seeking Only Injunctive Relief and Prevailing Party Attorney Fees Trigger a CGL Insurer’s Duty to Defend?

By Seth Lamden According to the court in Episcopal Church in South Carolina v. Church Insurance Company of Vermont , No. 2:13-cv-02475 (D.S.C. Jan. 6, 2014), the answer is “yes.” The court in that case [ enhanced version available to lexis.com subscribers ], held that an...