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 Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tag: Duty to Indemnify
Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union
Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify. See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union