insurer’s duty to defend News

No Duty to Defend Doesn’t Mean No Duty to Indemnify, Federal Appeals Court Finds

A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …

‘Quirky’ Wording Sinks Evanston’s Exclusion, Appeals Court Finds in Sex Assault Case

The New Year’s Eve sexual assault of a patient at a Miami hospital’s mental health ward made headlines around Florida in 2019. Three days after the incident, Fernando Felix Ramos-Garcia, a technician at Westchester General Hospital, was arrested. The man …

Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases

A recent case out of the Florida Supreme Court will likely have a big impact on the duty of insurers to defend Florida construction cases. The case, Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company arises out of …

Judge Seals Conversations in South Carolina Officer’s Lawsuit with Insurer

A former South Carolina police officer’s conversations with an insurance carrier after he was charged in the death of an unarmed black motorist have been sealed by a federal judge. The order issued by U.S. District Judge David Norton on …

TIG Insurance Sues NHL to Limit Its Defense in Players’ Concussion Lawsuits

The National Hockey League was sued by an insurer seeking to limit its duty to defend the league in lawsuits alleging it concealed the long-term effects of concussions and failed to warn players of the risks. TIG Insurance Co., a …

Industry Groups Welcome N.Y. High Court’s Reversal of K2 Decision

Insurance trade groups this week welcomed the New York Court of Appeals’ reversal of its June 11, 2013, decision on K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., a case that has been closely watched by the …