Waiver is the voluntary relinquishment of a known right. Although the law across the country continues to be mixed, the rule in some states is that, if an insurance company does not timely raise an issue or defense, such as stating all grounds upon which it may refuse to indemnify an insured in a reservation [...]
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Essex Insurance Company v. Richard Heck,
insurance coverage,
subrogation rights
In Clarendon America Ins. Co. v. North American Capacity Ins. Co., Case No. E048176 (Fourth Appellate District, Div. Two, July 7, 2010), the Court of Appeal reversed a trial court entry of summary judgment in favor of defendant insurer North American Capacity (NAC) concerning the application of the policy’s self-insured retention (“SIR”) clause and the [...]
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Duty to defend,
insurance coverage,
policy intepretation
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
Commercial umbrella policies typically provide two types of liability coverage. Like excess policies, umbrella policies provide additional coverage in the event that the limits of the underlying primary policy are exhausted. What makes such policies unique, however, is that they also provide coverage for claims or suits that are not covered by primary insurance but [...]
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Broad Defense Obligation,
insurance coverage,
Legacy Vulcan Corp. v. Superior Court
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
The court in Fulton Boiler Works, Inc. v. American Motorists Ins. Co., 5:06-CV-1117, 2010 U.S. Dist. LEXIS 28756 (N.D.N.Y March 25, 2010), held that two CGL insurers were obligated to pay for the entire cost of defending thousands of underlying asbestos bodily injury claims, without any contribution from their mutual insured, because they could not [...]
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allocation,
asbestos,
duty to advance defense costs,
Duty to defend,
long-tail,
New York Insurance Law,
potential for coverage,
potentiality standard,
pro rata
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
