LexisNexis® Legal Newsroom
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...

Breach Of The Duty To Defend And Forfeiture Of Coverage Defenses: Not What You Are Thinking

There has been so much talk over the past couple of years about whether an insurer that breaches the duty to defend forfeits otherwise applicable coverage defenses. The talk has grown out of the New York Court of Appeals’s decisions in K2 and the ALI’s adoption of the forfeiture rule in its...

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...