Insurance Law

Recent Posts

Florida Court Holds E&O Insurer Has Duty to Defend Civil Conspiracy Claim
Posted on 1 Nov 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Philadelphia Indem. Ins. Co. v. Hamic, 2012 U.S. Dist. LEXIS 150067 (M.D. Fla. Oct. 18, 2012) , the United States District Court for the Middle District... Read More

Breach the Duty to Defend: Court Has Sobering Words for Insurers on the Rates to Be Paid to the Insured’s Counsel: “Reasonableness Inquiry Is Inappropriate”
Posted on 12 Nov 2015 by Randy J. Maniloff

The rates to be paid to the insured’s personal counsel is often-times an issue where there is not a lot of common ground between insurers and insureds. The issue arises in a few of different contexts: an insurer is obligated to defend an insured... Read More

Insurer Satisfied Duty to Defend By Obtaining Dismissal of Counterclaim Without Prejudice
Posted on 23 Nov 2015 by Troutman Sanders

In Haskins , the court granted the insurer’s (“Wausau”) motion for summary judgment, finding that it did not breach its duty to defend the insured (“Haskins”) in connection with an underlying environmental cleanup action... Read More

E&O Carrier’s Duty to Defend Was Triggered because Allegations that the Insureds Mismanaged Debtor’s Trust Account Concerned Professional Services for Others
Posted on 9 Sep 2015 by Troutman Sanders

In C.M. Meiers , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Bankruptcy Court for the Central District of California found that handling of an insurance trust account implicated “professional services”... Read More

Very Significant Duty To Defend Case: If You Read Only One Article In This Issue Of Coverage Opinions….
Posted on 9 Nov 2015 by Randy J. Maniloff

If you read only one article in this issue of Coverage Opinions, make it the one about my webinar – “The Definitive Reservation of Rights Checklist: 50 Things That Every ROR Needs.” If you read two, make this one the other. There... Read More

“Slam Dunk” Liability Defense Does Not Abrogate Duty to Defend
Posted on 19 Sep 2012 by Neal Gerber Eisenberg

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP In Home Federal Savings Bank v. Ticor Title Insurance Company , No. 1:10-cv-0999 (Sept. 6, 2012), the Seventh Circuit held that the title insurer owed the policyholder mortgage company a... Read More

Illinois’ Broad Duty to Defend Rule Is Put to the Test, and Prevails, for Now: Philadelphia Indemnity Insurance Co. v. Chicago Title Insurance Co.
Posted on 17 Jan 2013 by David M. Rosenfield

By David Rosenfield, Attorney, Reed Smith LLP Illinois and numerous other jurisdictions adhere to the long-standing rule that if an insurer has a duty to defend a single count in a multi-count complaint, then it has a duty to defend the entire complaint... Read More

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
Posted on 5 Jul 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that has... Read More

When The Duty To Indemnify Is Broader Than The Duty To Defend
Posted on 17 Jul 2014 by Randy J. Maniloff

When it comes to coverage principles this one is as black as coal: the duty to defend is broader than the duty to indemnify and if an insurer does not have a duty to defend, it does not have a duty to indemnify. But in Texas it can be a different story... Read More

McCarter & English on Vigilant Insurance Co. v. Sibbio: Insurer Had Duty to Defend Based on Reasonable Possibility of Coverage
Posted on 5 Dec 2012 by LexisNexis Insurance Law Newsroom Staff

By Lauren E. Ciancia, Associate, McCarter & English, LLP In Vigilant Insurance Co. v. Sibbio, 2012 N.Y. Misc. Lexis 4868 (N.Y. Sup. Ct. Oct. 9, 2012) , the New York Supreme Court held an insurance company has a duty to defend its policyholder... Read More

Policy Requiring a Carrier to Investigate and Defend “Suits” Does Not Require It to Investigate and Defend Claims That Have Not Ripened Into Litigation
Posted on 3 Apr 2014 by Troutman Sanders

Great Am. E&S Ins. Co. v. Kouw Pinnq Enter. Co. , 2013 U.S. Dist. LEXIS 146247 (C.D. Cal. Sept. 20, 2013) [ enhanced version available to lexis.com subscribers ] In Great American , the district court held that a general liability insurer did not... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Extrinsic Evidence Determines Duty to Defend
Posted on 5 Nov 2013 by Barry Zalma

Exclusive Remedy Remains Exclusive This appeal required a New Jersey Appellate court to determine the scope of an insurer’s duty to defend an insured under Indiana law. In Ware Industries, Inc. v. Wausau Underwriters Insurance Co ., A-3522-11T1... Read More

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting
Posted on 14 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation... Read More