Insurance Law

Recent Posts

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

The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey
Posted on 25 Mar 2015 by LexisNexis Insurance Law Newsroom Staff

By Scott G. Ball, Linda M. Dedman, and Pamela Dunlop Gates The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey This commentary offers a multi-state survey of an insurer’s duty to settle third-party claims. Insurers... Read More

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law
Posted on 18 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle
Posted on 5 Jul 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Alaska Supreme Court: Demand To Settle For Limits, But Not For All Insureds, Insurer Between A Rock And A Hard Case
Posted on 6 Jan 2014 by Randy J. Maniloff

It is the proverbial “damned if you do and damned if you don’t” situation for insurers. An insurer is presented with a policy limits demand to settle for one insured – and it should be accepted based on liability and damages considerations... Read More

The Most Important Coverage Case Of 2015; Jeff Waltz Checks In With An Analysis From The Bayou
Posted on 21 Jul 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I discussed the Louisiana Supreme Court’s recent decision in Kelly v. State Farm Fire & Casualty Co., No. 2014-CQ-1921 (May 5, 2015), [subscribers can access an enhanced version of this opinion: lexis.com... Read More

More On The Duty To Defend -- And When It Might Never End
Posted on 3 Feb 2015 by Randy J. Maniloff

Whether an insurer’s duty to defend attaches arises in every liability claim. In the November 5, 2014 issue of Coverage Opinions I addressed the less-frequent issue -- when an insurer’s duty to defend un-attaches. The rule in the great... Read More

SNR Denton on National Surety Corp. v. Hartford Casualty Insurance Co.: No Insurer Liability for Failure To Settle Absent Outrageous Conduct
Posted on 20 Dec 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP At one time, Kentucky held that an insurer would be liable to its insured for an excess judgment if the insurer's failure to settle exposed the insured to an unreasonable risk of such a judgment... Read More

Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery
Posted on 10 Feb 2014 by Mealeys

By David A. Mercer Introduction The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an insured when it had the opportunity to do so.1 The essence of the claim is that the insurer acted solely on... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – California Appeals Court: No Bad Faith For Insurer’s Failure To Attempt To Settle When There Is No Demand
Posted on 17 Jan 2014 by Randy J. Maniloff

Talk of bad faith among coverage folks often centers around whether an insurer’s interpretation of a policy could constitute bad faith. However, given how high the burden is for an insured to prove bad faith, it is usually very difficult to do so... Read More

Insured May Settle Claim Before Suit if Insurer Wrongfully Denies Coverage
Posted on 11 Mar 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Selective Ins. Co. v. Cherrytree Cos. , 2013 IL App (3) 120959 [ enhanced version available to lexis.com subscribers ], the Illinois Appellate Court for the Third District drove the... Read More

Pennsylvania Appellate Court Establishes New Approach To An Insurer's Offer Of A Defense Under A Reservation Of Rights
Posted on 4 Dec 2013 by Mealeys

By Joshua Broudy and James Killelea A Pennsylvania intermediate appellate court recently prescribed new rules relative to the defense of insureds under a reservation of rights. In Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et... Read More

SNR Denton on Santa’s Best Craft, L.L.C. v Zurich American Insurance Co.: Insurer May Reasonably Dispute Independent Counsel’s Fees Without Risking Estoppel
Posted on 11 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton An Illinois insurer that breaches its duty to defend may be estopped to assert coverage defenses to the duty to indemnify. In Santa’s Best Craft, L.L.C. v Zurich American Insurance Co. , the insured... Read More

DLA Piper: Even In the Absence of a Demand, Do Insurers Have Duty to Pursue Settlement? A Ninth Circuit Panel Says Yes
Posted on 16 Jul 2012 by DLA Piper

By Joseph G. Finnerty III and Aidan M. McCormack, Partners, DLA Piper Confounding most observers, the United States Court of Appeals for the Ninth Circuit has issued a decision contradicting established insurance law jurisprudence in nearly every... Read More

Supreme Court Awards The Kitchen Sink For Insurer’s Breach Of The Duty To Defend
Posted on 26 Aug 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More