Tag duty to defend

Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed

By Zachary Greening In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine… Continue Reading →

Holding: Employer’s Insurer Owes Duty to Defend Additional Insureds Despite That Employer Was Not Named as a Defendant in Original Complaint Under Illinois Law

The U.S. Court of Appeals for the Seventh Circuit ruled in Scottsdale Insurance Company v. Columbia Insurance Group, Inc., No. 19-3315 (7th Cir. Aug. 26 2020) (Illinois law), that the United States District Court for the Northern District of Illinois did… Continue Reading →

Northern District of Illinois Finds Intellectual Property Exclusion Bars Coverage for All Claims in Trade Secret Violation Case

In Sentinel Insurance Co. v. Yorktown Industries, Inc., the claimant filed an underlying action against the insured alleging that the insured hired the claimant’s employees, stole the claimant’s confidential business information, including its customer list and sales information, and used… Continue Reading →

TRESSLER WIN: Wisconsin Court of Appeals Affirms Application of “Breach of Contract Exclusion” to Preclude Coverage

In Great Lakes Beverages, LLC v. Wochinski, the Wisconsin Court of Appeals held that the Breach of Contract Exclusion precluded coverage for an underlying tortious interference claim, such that AMCO Insurance Company (AMCO) did not owe any duty to defend… Continue Reading →

Pennsylvania Court Holds Insurer That Breached Duty to Defend Cannot Challenge Reasonableness of Defense Costs

The U.S. District Court for the Middle District of Pennsylvania recently held an insurer that breached the duty to defend could not challenge the reasonableness of defense costs paid by defending insurers in an action for equitable subrogation. In Transportation… Continue Reading →

TRESSLER WIN: Wisconsin Federal Court Applies Prior Publication Exclusion in Copyright Infringement Case

In Design Basics, LLC v. Best Built, Inc., the court held two insurers owed no duty to defend and indemnify an insured for copyright infringement claims where the complaint alleged infringement of the designs at issue before their policy periods. The… Continue Reading →

© 2024 Commercial General Liability Dispatch — Powered by WordPress

Theme by Anders NorenUp ↑