duty to defend News

Prime Insurance Avoids $60M Judgment in Liposuction Death Case in Georgia

Prime Insurance Co. is not liable for $60 million in damages after two patients died following liposuction at a Georgia clinic, thanks in part to the clear wording of the insurance policy and timely action by the insurer, a federal …

Family Pushes Back After ‘Blind Side’ NFL Player’s Lawsuit Over Conservatorship

NASHVILLE, Tenn. (AP) — Michael Oher, the former NFL tackle known for being the inspiration for the movie “The Blind Side,” filed a petition Monday in a Tennessee probate court accusing Sean and Leigh Anne Tuohy of lying to him …

No, a Purchase Order Is Not Like Insurance, State High Court Says in Reversal

A grocery chain is entitled to recoup costs it incurred defending an automatic door installer against negligence claims brought against them both, but it is not entitled to recover the costs it incurred defending itself under the terms of the …

Farm Bureau Must Defend Insured in Deadly Legionnaires’ Disease Outbreak in Carolina

What started out as festive time at the North Carolina Mountain State Fair in 2019 ended with 96 people hospitalized with Legionnaires’ disease. Four of them died. The tragedy in Fletcher, North Carolina, made national headlines. Multiple victims filed suit …

Sunoco Subsidiary Sues AIG’s National Union Over Climate Change Lawsuit Coverage

Sunoco subsidiary Aloha Petroleum has filed a federal lawsuit in Hawaii against AIG’s National Union Fire Insurance Company of Pittsburgh, saying the insurer has breached its duty to defend Aloha against climate change lawsuits brought by local governments in Honolulu …

Insurer Need Not Defend Drug Chain in Opioid Suits Claiming Economic, Not Personal, Injury

In the latest turn in litigation over the opioid crisis, a state’s high court has found an insurer does not need to pay defense costs under a commercial general liability policy for a pharmacy chain facing public nuisance lawsuits. The …

N.Y. Court Takes Contrary Position on Insurers’ Right to Recoup Defense Costs

It has long been understood that under New York law, an insurance company may recoup defense costs paid on behalf of an insured once it has been ultimately determined that there was no coverage in connection with the underlying action, …

Ruling Allows Hawaii Dam Break Lawsuits Against Insurers To Advance

A state appeals court ruling has cleared the way for stalled lawsuits involving a deadly 2006 Kauai dam breach to move forward. The state Intermediate Court of Appeals sent the case back to circuit court, vacating the lower court’s ruling …

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 …

Insurers Win First Round of Climate Change Coverage Litigation

In light of the economic turmoil currently engulfing the United States and Europe, the Republican sweep in the 2010 midterm congressional elections, the various protests going on around the country and the upcoming fractious 2012 presidential election, insurers can be …