PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
  • Subscribe
You are here: Home / Archives for Duty to Defend

Duty to Defend

A Porous Border: Insurers Finding it Hard to Exclude Coverage for Additional Insureds

January 10, 2013 by John C. Pitblado

Landlords and tenants, contractors and sub-contractors, even fathers and sons often establish relationships that make one party potentially liable for the acts of the other.  One way to manage the risk these relationships create is for one party to add the other to its liability insurance policy as an additional insured.  On the other side, insurers try to limit their exposure to additional insureds by defining coverage in a way that applies only to risks the additional ... Keep Reading »

The Limits of the Real: Narrow Readings of Policy Terms put Losses in a Virtual Realm

January 9, 2013 by John C. Pitblado

Ludwig Wittgenstein famously declared that “[t]he world is everything that is the case.”  In three recent cases involving liability policies, courts remind us that injury can occur beyond the limits of the world that consists of “property”—or even of “substance.” 1. PPI Technology Services, L.P., was hired to “assist in well-planning” on three oil leases in Boudreaux, Louisiana.  Its responsibilities included overseeing the drilling of wells.  When PPI dug an empty ... Keep Reading »

Reservation of Rights can put Insurers on the Hook for Cost of Independent Counsel

January 8, 2013 by Scott C. Shine

When a liability insurer provides a defense subject to a reservation of rights, it seeks to preserve its own rights, while avoiding prejudice to the insured in the underlying claim.  If the insurer ultimately wins the coverage battle, it can try to recover the cost of the defense it provided.  Whether it can succeed is a question that different states answer in a wide variety of ways. In New York, insurers can recoup defense costs by establishing a lack of coverage.  ... Keep Reading »

Slamming the Door: Innovative Procedural Gambits Fared Poorly Last Month

January 4, 2013 by John R. Hart

Procedural hurdles to maintaining cases in certain courts, or in a certain configuration of parties, can sometimes affect the outcome of litigation as much as the underlying merits. For a class action plaintiff (and especially for class counsel), the ability to resolve disputes over the defendant’s insurance coverage can be an immense boost in formulating a litigation and settlement strategy.  For an insurer disputing coverage, access to federal court might be what makes ... Keep Reading »

  • « Previous Page
  • 1
  • …
  • 8
  • 9
  • 10
Carlton Fields Logo
A blog focused on legal developments in the property-casualty industry by the attorneys of Carlton Fields.

Get Weekly Updates!

Send Me Updates!

Focused Topics

  • Additional Insured
  • Bad Faith
  • Business Interruption
  • Class Action
  • Construction/Builder’s Risk
  • Coronavirus / COVID-19
  • Cybersecurity
  • Declaratory Judgment
  • Duty to Defend
  • Environmental
  • Flood
  • Homeowners
  • Occurrence
  • Pollution/Pollutant
  • Property
  • Regulatory
  • VIEW ALL TOPICS »

Recent Articles

  • Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle
  • Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law
  • Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields

  • carltonfields.com
  • Practices
  • Industries
  • ExpectFocus Magazine

Related Industries/Practices

  • Insurance
  • Financial Lines Insurance
  • Property & Casualty Insurance
  • Financial Services & Insurance Litigation

About PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
© 2014–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · All Rights Reserved · Privacy Policy · Disclaimer

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions. Web Design by Espo Digital Marketing