David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: a duty to defend and a duty to indemnify. A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims: An insurance company’s duty to defend is distinct… Continue reading Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify
Tag: duty to defend
Court Resolves Carriers’ Dispute Over Which Must Defend
Tred R. Eyerly | Insurance Law Hawaii The court agreed with Travelers that Lloyd’s had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd’s, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025). Jerome Avenue owned a multi-tenant property in the Bronx,… Continue reading Court Resolves Carriers’ Dispute Over Which Must Defend
The Broader The Better – How Broad Is the Duty To Defend?
Adriana Perez and Cary D. Steklof | Hunton Andrews Kurth It is common knowledge in the insurance industry that an insurer’s duty to defend is broad. Recently, a U.S. District Court reminded us just how broad that duty is when it held that a complaint with only two scarce factual allegations triggered an insurer’s duty… Continue reading The Broader The Better – How Broad Is the Duty To Defend?
Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds
Craig Rokuson | Traub Liberman In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor… Continue reading Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds
Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work
Tred R. Eyerly | Insurance Law Hawaii The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured’s defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024). … Continue reading Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work