Robert Dennison | Traub Lieberman Insurance Law Blog The California Second District Court of Appeal had occasion to examine an insurer’s duty to provide independent counsel (“Cumis counsel”) to its insured in a declaratory relief action entitled Nede Management, Inc. v. Aspen American Insurance Company. The action arose from a fire on a property covered by an… Continue reading California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel
Tag: insurance
Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend
Jeffrey J. Vita | Saxe Doernberger & Vita In a win for policyholders, the Third Circuit Court of Appeals recently affirmed a District Court’s 2018 ruling, which held that the duty to indemnify follows the duty to defend where a settlement precludes a determination on the facts of the case relative to liability and apportionment.… Continue reading Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend
Insurer’s Late Notice Defense Fails on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021). Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment
Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Sarah Odia and Scott Thomas | Payne & Fears On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as… Continue reading Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Out of Sight, But Not Out of Mind: Facts Outside the Pleadings and the Duty to Defend
John Corbett | Barnes & Thornburg Does an insurance company have a duty to defend a lawsuit against your company where the actual facts of the claim are within coverage, but the complaint fails to mention potentially covered facts? Perhaps surprisingly, the answer depends on the state law that governs the questions of insurance policy… Continue reading Out of Sight, But Not Out of Mind: Facts Outside the Pleadings and the Duty to Defend