Coverage & Claims

Subscribe to Coverage & Claims via RSS
The United States Court of Appeals for the Eighth Circuit recently held that an insurer had no duty to defend or indemnify where the insured service provider’s own abandoned materials caused the property damage at issue. 

…
Read More Eighth Circuit Holds That “Your Work” Exclusion Precluded Coverage For Property Damage Caused by Insured’s own “Abandoned” Materials

J, K, P v. Archbishop of Birmingham (QBD 25/7/2008) is one of the first cases decided subsequent to the House of Lords decision in A v. Hoare. The case concerned a procedural matter of whether the issue of limitation in respect of bringing sexual abuse claims should be decided as a preliminary issue or at the substantive trial. …
Read More UK: Judge Refuses to Hear Limitation Defence in Sexual Abuse Claim as a Preliminary Issue

In Elacqua v. Physicians’ Reciprocal Insurers, 52 A.D.3d 886 (N.Y. App. Div. 2008) (“Elacqua II”), the Supreme Court, Appellate Division held that the insurer engaged in deceptive practices by failing to inform the insureds of their right to select independent counsel to defend them at the insurer’s expense. 

…
Read More New York Appellate Court Holds that Insurer Engaged in Deceptive Practices by Failing to Inform Insureds of their Right to Select Independent Defense Counsel at Insurer’s Expense

On Tuesday Lloyd’s underwriters along with Zurich Specialties London Ltd commenced proceedings in New York against class action specialists Milberg LLP. Insurers are seeking to rescind certain professional liability insurance policies issued to Milberg’s predecessor firms based on material mispresentations made by the Milberg firm. …
Read More London Insurers Sue Milberg LLP

In a suit brought by an additional insured seeking a declaratory judgment that an insurer had a duty to defend it in an underlying liability lawsuit, the Fifth Circuit reversed a Texas district court’s award of summary judgment in favor of the insurer and held that the insurer had a duty to defend the additional insured under the Texas “eight corners” rule. …
Read More Fifth Circuit Examines Duty to Defend Additional Insured Under Texas Law

A Washington state appeals court recently ruled that an insured’s self-insured retention is not primary insurance for purposes of subrogation, and that the insured was therefore entitled to apply settlement amounts it received to its own defense costs prior to the insurer recovering any of the settlement funds. 

…
Read More Washington Appeals Court: Self-Insured Retention Not “Insurance” for Purposes of Subrogation

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a lower court decision that held that an insurer has no duty to indemnify its insured under a liability policy for damages arising out of an alleged sexual assault. 

…
Read More Eighth Circuit: Insurer Has No Duty to Defend or Indemnify its Insured for Damages Arising Out of a Sexual Assault

The First Circuit Court of Appeals recently held that, under Puerto Rico law, a breach of warranty excuses a maritime insurer from paying a claim regardless of whether the breach has any causal connection to the loss at issue.  Lloyd’s of London, et al. v. Pagan-Sanchez, et al., No.
Read More First Circuit Addresses Puerto Rico Law on Impact of Insured’s Breach of Warranty

The Federal District Court for the District of Puerto Rico recently issued a 58-page decision on post-trial motions in which it extensively discussed Puerto Rico law concerning insurer bad faith and consequential damages in the context of an alleged bad faith denial of coverage. …
Read More Puerto Rico Federal Court Examines Issues of Bad Faith (“Dolo”) and Consequential Damages in Insurance Coverage Disputes