duty to defend News

DRI to Offer Insurance 101 Webcast Series Again

The Defense Research Institute (DRI) Insurance Law Committee Insurance 101 series will return this summer. This is a series of live programs that can be watched from the convenience of home or office. The three-part series will introduce a broadly …

New York Court Reverses Decision in K2 Investment Group

The Court of Appeals of New York recently revisited its decision in K2 Inv. Group, LLC v. American Guar. & Liab. Ins. Co., reversing its prior ruling and finding that an insurer that breaches its duty to defend is not …

New York Insurers Breaching Duty to Defend May Not Assert Policy Exclusions

The New York Court of Appeals has reaffirmed the importance of the insurer’s duty to defend its insureds, holding that when an insurer breaches its duty to defend, it may not rely on exclusions in the policy to avoid coverage …

Insurer Wants Off Hook in Ex-West Virginia Sheriff’s Case

The insurance pool for West Virginia county governments asked a judge Thursday to declare that it has no obligation to defend a Jefferson County sheriff who resigned in disgrace and pleaded guilty in the beating of a bank robbery suspect. …

Fifth Circuit Affirms ‘Eight-Corners’ Rule and Duty to Defend

Because the duty to defend is one of the most important aspects of liability policies such as commercial general liability coverage, it is frequently the subject of litigation. One recent case from the Fifth Circuit Court of Appeals — GuideOne …

New York’s Approach to Apportioning Defense Costs Among Multiple Insurers

Insurers in New York have an “exceedingly broad” duty to defend their policyholders against any claim that is potentially covered by the policy. Regal Constr. Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 930 N.E.2d 259, 261 (N.Y. …

Federal Court Upholds Umbrella Insurer in Asbestos Coverage Dispute

A federal appeals court has agreed that Continental Insurance Co. did not have a duty to defend asbestos injury claims against the automotive supplier Federal–Mogul Corp. as its umbrella carrier because the primary coverage provided by three other insurers had …

Defining Standards in Texas for the Duty to Defend and Indemnify

After years of maintaining that the duty to defend and the duty to indemnify were independent duties in a liability policy, the Texas Supreme Court held in 1997 that the same allegations used to determine that no duty to defend …