Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Tag: Defense Costs
New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Tred R. Eyerly | Insurance Law Hawaii In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt. Co., 2020 N.Y. App. Div. LEXIS 8286… Continue reading New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Florida Creates Right of Contribution Among Liability Insurers for Defense Costs
John David Dickenson and Chad Pasternack | Cozen O’Connor | June 20, 2019 The Florida Legislature recently created a right of contribution among liability insurers for defense costs. Prior to the enactment of this legislation, it was long the law in Florida that there was no right to contribution among co-primary insurers. Without a right… Continue reading Florida Creates Right of Contribution Among Liability Insurers for Defense Costs
Law Limits Defense Costs Liability for Design Professionals
Judy Greenwald | Business Insurance | May 3, 2017 A measure signed into law last week by California Governor Jerry Brown will significantly reduce defense costs for design professionals, including architects and engineers, and could smooth claims handling, say experts. Senate Bill 496 provides that architects and engineers would be liable to pay only a… Continue reading Law Limits Defense Costs Liability for Design Professionals
Settling Into Defeat
Irwin R. Krumer and David A. Pisunic | The CLM Magazine | March 2017 Is an Unhealthy Aversion to Risk Keeping Insurers from Punching Back in Court Civil trials have become a rarity in recent years. The perception that defense costs have increased has placed a premium on settling cases that insurers previously used to… Continue reading Settling Into Defeat