duty to defend News

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 …

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 …