Sydney Broom | Butler Weihmuller Katz Craig In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a defense to a subrogation claim. When this happens, subrogation attorneys are left to argue… Continue reading When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Category: Insurance
‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense
Lynda Bennett, Alexander Corson and Eric Jesse | Lowenstein Sandler Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts repeatedly recognize that an insurer’s duty to defend includes an obligation… Continue reading ‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense
Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers
Philip J. Tacason | Lewis Brisbois On June 3, 2023, Nevada Governor Joe Lombardo signed into law Assembly Bill (AB) 398, which prohibits insurers from renewing or issuing insurance policies that include provisions that reduces the limit of liability by the costs of defense. AB 398 states: Section 1. Chapter 679A of NRS is hereby… Continue reading Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers
Michigan Court of Appeals Decision Raises Questions on Electronic Signatures in Insurance Policies
Leah Yair and David Yates | Segal McCambridge The Michigan Court of Appeals recently decided a case that impacts many pending claims and will impact how the underwriting department is handling policy renewals. The case of Bronson Health Care v Esurance Property and Casualty Insurance Company was decided on September 28, 2023. The Decision directly relates to… Continue reading Michigan Court of Appeals Decision Raises Questions on Electronic Signatures in Insurance Policies
Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer
Madison E. Wahler | PropertyCasualtyFocus In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural irregularity” insufficient to void the default judgments entered against the insurer. The court also noted that… Continue reading Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer