Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
Tag: duty to defend
#10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading #10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend
Gabe Weaver | Ball Janik | October 6, 2015 As I wrote in an earlier blog post (see my August 10, 2015 article here), insurers have a duty to defend their policyholders against any potentially covered loss, which means that insurers are required to defend and attempt to settle claims on behalf of their policyholders… Continue reading Insurer’s Claim Denial may Violate State Consumer-Protection Statutes even when the Insurer has no Duty to Defend
Oregon’s Broad Duty to Defend Extends to “Additional Insureds”
Kevin Mapes | Ball Janik | August 19, 2015 On August 19, 2015, the Oregon Court of Appeals issued its opinion in West Hills Development Co. v. Chartis Claims, Inc., reaffirming the broad nature of an insurer’s duty to defend, even when that duty is owed to an “additional insured.” Contracting parties rely on indemnity… Continue reading Oregon’s Broad Duty to Defend Extends to “Additional Insureds”
California Court Confirms that any “Potentially Covered” Loss Triggers the Duty to Defend
Gabe Weaver | Ball Janik | August 10, 2015 When threatened with a lawsuit, an insured’s first call is often to his or her insurer, asking the insurer to hire lawyers to defend the lawsuit. All too often the insurer’s initial response is that the claim is not covered for one reason or another. At… Continue reading California Court Confirms that any “Potentially Covered” Loss Triggers the Duty to Defend