Eric B. Hermanson and Austin D. Moody | White and Williams The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached… Continue reading Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Category: Insurance
Snapchat This! That Little Green Card is Pretty Important Says One Court
Matthew DeVries | Best Practices Construction Law We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute. Notice… Continue reading Snapchat This! That Little Green Card is Pretty Important Says One Court
The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Chael Clark | PropertyCasualtyFocus Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was recently applied by the Southern District of New York in Philadelphia… Continue reading The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Insurance Policies and Indemnity Provisions Are Not the Same
Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Craig Rokuson | Traub Lieberman In Greater Mutual Insurance Company v. Continental Casualty Company, 2020 WL 5370419 (S.D.N.Y. September 8, 2020), the United States District Court for the Southern District of New York had occasion to consider the “other insurance” provisions of a commercial general liability policy, issued by Greater Mutual Insurance Company (“GNY”), and a… Continue reading Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks