In World Harvest Church, Inc. v. GuideOne Mut. Ins. Co., S10Q341 (Ga. May 3, 2010), the Georgia Supreme Court held that an insurer waives its right to deny defense or indemnity obligations if it fails to timely reserve rights and that the policyholder need not show prejudice for that rule to apply.
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insurance coverage,
insurance recovery,
World Harvest Church
Although beer pong has made a number of curious contributions to American jurisprudence (see, e.g., University of Kansas v. Sinks, 644 F.Supp. 2d 1287 (D.Kan. 2008), involving trademark issues over the sale of Kansas Co-Ed Naked Beer Pong t shirts; Crusselle v. State, 2010 Ga. App. 375 (Ga. Ct. App. 2010), in which beer pong [...]
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Copp v. Nationwide Insurance Company,
Crusselle v. State,
Duty to defend,
general liability,
insurance coverage,
insurance recovery,
policy interpretation,
University of Kansas v. Sinks,
Virginia Supreme Court
In Pekin Insurance Co. v. Wilson, Docket No. 108799 (Ill. 5/20/2010) (Ill. 2010), the Illinois Supreme Court affirmed the holding of the appellate court finding that, “if an insurance company has a right to present evidence beyond the complaint in the underlying lawsuit to show that it has no duty to defend, the insured has [...]
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conduct exclusion,
Duty to defend,
extrinsic evidence,
intentional act exclusion
In these troubled economic times, settlement is an increasingly common outcome of underlying litigation. For this reason, it is important for California policyholders to bear in mind certain rules governing insurer-funded settlements. More specifically, when a liability insurer is defending its insured under a reservation of rights, that insurer may agree to fund a settlement within its policy limits, [...]
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recoupment,
reservation of rights,
settlement
The well-known “potential for coverage” standard applied by most courts to determine whether a CGL insurer must defend a claim against its insured turns on whether the allegations in an underlying complaint support the potential for covered liability, regardless of the actual facts proven at trial. The court in Whittaker Corp. v. American Nuclear Insurers, [...]
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CERCLA,
pollution exclusion,
potential for coverage,
potentiality standard
In what appears to be one of the first insurance coverage lawsuits involving the biofuel industry, Penn Millers Insurance Company has sued Northeast Nebraska Biodiesel LLC (which owns and operates a biodiesel facility and a soybean processing facility in Dodge County, Nebraska), claiming that it should not have to pay for methanol contaminated shipments of [...]
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biofuel,
pollution exclusion
