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Appleman on Insurance

Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties and liabilities of agents and brokers; liability...

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

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 denied that the insurer was entitled to question the...

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

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," the requirement of prejudice, and the duty of...

SNR Denton LLP on Maxwell v. Hartford Union High School District: Wisconsin Supreme Court Rejects Broadening Coverage by Estoppel but Approves Forfeiture of Coverage Defenses for Breach of Duty to Defend

By William T. Barker, Partner, SNR Denton Most jurisdictions hold that a liability insurer that assumes control of its insured's defense without reserving a right to deny indemnity can be estopped from asserting indemnity coverage defenses that it knew or should have known about but failed...

Perkins Coie LLP on Notable Insurance Coverage Decisions from the Second Half of 2014 and Early 2015

By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments in jurisprudence regarding oft-disputed aspects of...

Breaching the Duty to Defend: Remedy for Recovering Peace of Mind

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP Given the American Law Institute’s recent discussion at its May 2015 meeting, regarding Preliminary Draft No. 1 of the Restatement on Liability Insurance , Chapter 2, Sections 20 and 21, I would like to add my voice to those who...

Appeals Court Allows Insurer To Handle Identical Claims Differently

I’m sure many of us have had this situation. An insurer makes a coverage determination in a claim. We’ll call it claim one and determination A. Then, in claim two, involving indistinguishable facts as claim one, the insurer reaches determination B. But surely this can’t be allowed,...