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

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers
Posted on 28 Sep 2015 by Dennis Cusack

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC , Case No. S211645, then set for oral argument in the California Supreme Court. The Court decided the case on August 10, 2015, [subscribers can access an enhanced... Read More

Under California Law, Absent Extraordinary Circumstances, Insurers Have No Obligation to Pay for Pre-Tender Fees and Costs under Duty to Defend or Reimbursement Policies
Posted on 19 May 2015 by Troutman Sanders

Disputes between policyholders and insurance carriers often arise in the context of an insured’s payments made before providing notice of a claim to its carrier. However, California courts routinely hold that, absent special circumstances discussed... 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

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law
Posted on 1 Nov 2012 by Neal Gerber Eisenberg

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP As policyholder counsel in Illinois, we often must explain to our colleagues in California why there is no "bad faith" cottage industry among the Illinois bar. Taking the words... 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

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold,"... Read More

SNR Denton LLP on Jones v. Farmers Insurance Exchange: Whether Insurer's Position Is Fairly Debatable Not Always Susceptible to Summary Judgment
Posted on 3 Dec 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Jones v. Farmers Insurance Exchange, the Utah Supreme Court held that the district court had erred in granting summary judgment that the insurer's denial of coverage was "fairly debatable"... 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

Excess Insurance: Questions Raised By Qualcomm And Issues Relating To The Duty To Defend
Posted on 14 May 2015 by Seth Lamden

Partner Seth Lamden will be presenting a program entitled "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend" at the American Conference Institute's 2nd National Forum on Insurance Allocation at the... Read More