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Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

California Insureds Should Question the “Conventional Wisdom” Regarding Coverage for Wage and Hour Class Actions

By Erica Villanueva, Associate, Farella Braun + Martel Employment Practices Liability ("EPL") insurers have been aggressive in denying coverage for "wage and hour" class actions filed in California and elsewhere. Indeed, insureds now frequently assume that their policies afford...

Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A of a standard commercial general liability (“CGL”...

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...

Don’t Mess With Texas’s Duty to Defend: High Court Continues To Adhere To Its Unique Rule That The Duty To Indemnify Is Broader Than The Duty To Defend

Randy J. Maniloff, White and Williams, LLP In New Jersey the Duty to Defend is the Duty to Depend, as coverage for defense costs is limited to claims that are ultimately covered under the policy. In California, and other states, the Duty to Defend is the Duty to Lend, as an insurer that defends can...

Jungleland: New Jersey and the Duty to Defend

Big Man ‐ ifesto From The Supreme Court Applying A Broad Duty to Defend Randy J. Maniloff, White and Williams, LLP "There's an old joke - um... two elderly women are at a Catskill mountain resort, and one of 'em says, 'Boy, the food at this place is really terrible.' The...

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee , 84 N.J. 88 (1980) (an allegation of severe emotional...

Florida Court Holds Insurer Has Duty to Indemnify Legionella Bacteria Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010) , the United States District Court for the Middle District of Florida held that a general liability carrier had a duty to defend its insured in...

Northern District of Illinois Cites As Authority New Appleman on Insurance Law Library Edition and Current Critical Issues in Insurance Law

Both the New Appleman on Insurance Law Library Edition treatise and the New Appleman on Insurance: Current Critical Issues in Insurance Law current awareness quarterly were cited in a recent federal court decision. The case of Continental Casualty Co. v. Duckson, 2011 U.S. Dist. LEXIS 131566 (N.D. Ill...

Oregon Federal Court Holds No Duty to Pay Insured’s Appellate Costs

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012) , the United States District Court for the District of Oregon had occasion to consider whether an insurer's...

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery and crematory were not entitled to insurance...

Insurer Breaching Duty to Defend Cannot Rely on Policy Exclusions to Disclaim Duty to Indemnify

An insurer that breached its duty to defend may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him, according to a June 11, 2013 decision from the New York Court of Appeals. The Court of Appeals opinion can be found here . A legal malpractice...

New York Appeals Court Reverses Itself in K2 Investment Group Decision; Reaffirms Earlier Ruling in Servidone

In a decision notable for several reasons [ enhanced version available to lexis.com subscribers ], the New York State Court of Appeals—the state's highest court—reversed itself in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co. [21 NY3d 384 (2014)] [ enhanced...

Insured May Settle Claim Before Suit if Insurer Wrongfully Denies Coverage

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 final nail in the insurer’s “if there...

When The Duty To Indemnify Is Broader Than The Duty To Defend

When it comes to coverage principles this one is as black as coal: the duty to defend is broader than the duty to indemnify and if an insurer does not have a duty to defend, it does not have a duty to indemnify. But in Texas it can be a different story. A determination that an insurer has no duty...

MUST READ Reservation Of Rights Case (A Top 10 Case Of 2014)

I’m capable of writing a hyperbolic headline in Coverage Opinions now and then. Really, I am. But this isn’t one of them. If you read only one article in this issue of CO , make it this one. In Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App. Sept...