Lara Degenhart Cassidy and Matthew J. Revis | Hunton Andrews Kurth The Fourth Circuit recently affirmed insurance coverage for a South Carolina policyholder based on the “axiomatic principle” that an insurer which fails to fully and fairly articulate its potential coverage defenses in a reservation of rights letter loses the right to contest coverage on… Continue reading Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
Tag: Insurance Coverage Disputes
Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Barry Zalma | Zalma on Insurance When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve their differences later in a declaratory relief action – an action of absolute good faith. In Old Republic Insurance Company v.… Continue reading Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Scott Godes and David E. Wood | BT Policyholder Protection Blog In 2022, the insurance industry has been emboldened to issue improper denials of insurance coverage for claims and lawsuits, threaten rescission of insurance policies and sell insurance policies with hidden trapdoors buried in endorsements. This could create a potentially devastating impact on a company’s… Continue reading Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Seven Tips for Mediating Complex Insurance Coverage Disputes
Rosemary Loehr, Andrew Reidy and Joseph Saka | Lowenstien Sandler Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and creativity in crafting a successful resolution. Below are seven tips for… Continue reading Seven Tips for Mediating Complex Insurance Coverage Disputes
The Insured has the Duty to Prove Coverage for Defense
Barry Zalma | Zalma on Insurance In Zurich American Insurance Company v. Ironshore Specialty Insurance Company, 137 Nev.Adv.Op. 66, No. 81428, Supreme Court of Nevada, En Banc (October 28, 2021) the Supreme Court was asked to answer inquiries from the Ninth Circuit because two federal district courts issued conflicting decisions regarding whether, in Nevada, the insured… Continue reading The Insured has the Duty to Prove Coverage for Defense