Category: Insurance

California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel

Robert Dennison | Traub Lieberman Insurance Law Blog The California Second District Court of Appeal had occasion to examine an insurer’s duty to provide independent counsel (“Cumis counsel”) to its insured in a declaratory relief action entitled Nede Management, Inc. v. Aspen American Insurance Company. The action arose from a fire on a property covered by an… Continue reading California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel

An Insurance Policy Isn’t Ambiguous Just Because You Want It To Be

David Adelstein | Florida Construction Legal Updates When it comes to insurance contracts, there is a rule of law that states, “where interpretation is required by ambiguity in insurance contracts[,] the insured will be favored.”  Pride Clean Restoration, Inc. v. Certain Underwriters at Lloyd’s of London, 46 Fla. L. Weekly D2584a (Fla. 3d DCA 2021) (citation… Continue reading An Insurance Policy Isn’t Ambiguous Just Because You Want It To Be

Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend

Nathan Lovett | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that a D&O insurer cannot rely on an excess “other insurance” provision to preclude a duty to defend.  TriPacific Capital Advisors, LLC v. Fed. Ins. Co., 2021 WL 5316407 (C.D. Cal. Nov. 15, 2021). The… Continue reading Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend

Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend

Jeffrey J. Vita | Saxe Doernberger & Vita In a win for policyholders, the Third Circuit Court of Appeals recently affirmed a District Court’s 2018 ruling, which held that the duty to indemnify follows the duty to defend where a settlement precludes a determination on the facts of the case relative to liability and apportionment.… Continue reading Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend

Insurer’s Late Notice Defense Fails on Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).          Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment