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CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – May 23, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Bad Faith Miller v. Hartford Life Ins. Co. 2011 U.S. Dist. LEXIS 38347 [ lexis.com ] ( D. Haw., Apr. 7, 2011 ) Bad Faith and Punitive Damages...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – May 23, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Bad Faith Miller v. Hartford Life Ins. Co. 2011 U.S. Dist. LEXIS 38347 [ lexis.com ] (D. Haw., Apr. 7, 2011) Bad Faith and Punitive Damages...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – December, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings C.R. Pittman Constr. Co., Inc. v. Nat'l Fire Insurance Co. 2011 U.S. App. LEXIS 20002 [ lexis.com / lexisONE...

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...

NY Court of Appeals Reverses Itself, Holds Insurer’s Breach of Duty to Defend Doesn’t Waive Coverage Defenses After All

In an unusual development in a closely watched case, K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co. , the New York Court of Appeals has reversed its own June 2013 ruling in the case in which it held that a legal malpractice insurer that breached its duty to defend is barred from...

Fourth Circuit: Guilty Pleas Trigger D&O Policy Exclusion and Insurer’s Right to Seek Recoupment of Previously Paid Defense Expenses

It sometimes comes as a surprise to some policyholders that D&O carriers contend that they have the right to try to recover amounts they have paid as defense expenses if it turns out that coverage for a claim is precluded by a policy exclusion. However, an insurer’s right of defense expense...