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Bad Faith in Liability Insurance - New Appleman on Insurance Law Library Edition, Chapter 23

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited amount creates a well-known conflict of interest...

Vandeventer Black LLP: Important Changes for Indemnity and Duty to Defend in California

Authored by attorney David V. Rose Recent changes in California law carry important consequences for insurers of construction managers, general contractors, and subcontractors. These changes, codified in section 2782.05 of the Civil Code [ version available to lexis.com subscribers ], provide additional...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Missouri Supreme Court: Policy Limits “Do Not Matter”

Trend: Harsh Consequences For Breach Of The Duty To Defend I’ve always found it interesting that some very important coverage issues elude judicial review, while inconsequential ones get answered. Riddle me this: Why has the question whether bat guano is excluded by the pollution exclusion...

Insurer Had No Duty to Defend or Indemnify Trademark Infringement Claim Because It Fell Within the Scope of an Intellectual Property Exclusion

North Coast Med., Inc. v. Hartford Fire Ins. Co. , 2014 U.S. Dist. LEXIS 20701 (N.D. Cal. Feb. 17, 2014), [ enhanced version available to lexis.com subscribers ]. In North Coast Medical , the district court held that the insurer had no duty to defend or indemnify its insured in connection with an...

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to lexis.com subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist alleged to have sexually assaulted a client during...

Appraisal Award Binding – Payment of Appraisal Award Satisfies Policy Promise to Indemnify

In an opinion expressing the brevity required of a decision on an issue of insurance law that is patently obvious, the Missouri Court of Appeal decided in James-Miller v. American Family Mutual Insurance , — S.W.3d —-, 2015 Mo. App. LEXIS 609 (Mo.App. E.D., 6/9/2015), [ enhanced version available...

To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claims

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Bituminous Casualty Corporation v. Plano Molding Company , 2015 IL App (2d) 140292, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ],the Illinois Appellate Court tackled one of the most misunderstood...

West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work

In yet another decision arising from the construction of a home, the West Virginia Supreme Court of Appeals (“WVSCA”) in SER Nationwide v. Wilson , No. 15-0424, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (W.Va. October 7, 2015) examined coverage...