David Adelstein | Florida Construction Legal Updates A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important… Continue reading Understanding Liability Insurer’s Two Duties: To Defend And To Indemnify
Tag: duty to defend
Insurer Can’t Flush Away Its Duty to Defend
S. Alice Weeks and Lawrence J. Bracken II | Hunton Andrews Kurth In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant. In Harleysville Pref. Ins. Co. v.… Continue reading Insurer Can’t Flush Away Its Duty to Defend
Court Affirms Duty to Defend Additional Insured Contractor
Tred R. Eyerly | Insurance Law Hawaii The appellate court affirmed the lower court’s ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022). XL Construction Services, LLC was the contractor on a construction… Continue reading Court Affirms Duty to Defend Additional Insured Contractor
Don’t Be Lazy With Your Tenders of Defense and Indemnity
Richard G. Erickson | Snell & Wilmer Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate amount of time, money, and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding… Continue reading Don’t Be Lazy With Your Tenders of Defense and Indemnity
No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage