Tred R. Eyerly | Insurance Law Hawaii In an unpublished opinion, the Fourth Circuit affirmed the district court’s finding that the insurers’ reservation of rights letters did not provide a basis for denial of coverage. Stoneiedge At Lake Keowee Owners Ass’n Inc. v. Cincinnati Ins. Co., 2022 US. App. LEXIS 34292 (4th Dist. Dec.… Continue reading Reservation of Rights Letter Merely Citing Policy Provisions Inadequate
Tag: Reservation of Rights
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
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
Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Insurer Motion to Intervene in Underlying Case Denied
Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Luke Mecklenburg and Anna Adams | Snell & Wilmer In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where the insured has entered into a Nunn-type Agreement to assign… Continue reading Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party