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 the Southern District of Indiana case, Bernstein v. Bankert, No. 1:08-cv-0427, 2010 US Dist. LEXIS 24329 (Mar. 16, 2010), the Court declined to grant summary judgment to Auto-Owners Mutual Insurance Company (“Auto-Owners”), when Auto-Owners argued the underlying environmental claims against the policyholder were barred by the Indiana Code’s statute of limitation and/or res judicata.
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CERCLA,
duty to indemnify,
Environmental,
insurance coverage,
pollution exclusion
In a recent New Jersey appellate decision entitled Somerset Med. Ctr. v. Exec. Risk Indem., Inc., 2010 N.J. Super. Unpub. LEXIS 605, A-6214-08T2 (App.Div. Mar. 22, 2010), the court was faced with the question of whether a bodily injury exclusion in Somerset Medical Center’s directors and officers liability insurance policy excluded coverage for the negligent hiring and supervision of a [...]
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D&O insurance,
insurance coverage,
insurance recovery,
negligent hiring,
new jersey,
Somerset Med. Ctr. v. Exec. Risk
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
