Channels
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Bankruptcy
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Technology
- Whistleblower Law
- Workers' Compensation
- Law School
duty to defend
Insurers Beware: Disingenuous Disclaimers Result in Award of Attorney's Fees
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604 (App. Div. 1987) NJ Underlying Insurance Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice coverage from the plaintiff, one of the partners at the defendant law firm was...
The Tenth Circuit finds an exception to Colorado's "eight corner" rule
The eight corner rule says that you compare the allegations of the complaint to the policy to determine the duty to defend. This works for most cases, but where the insurer is aware of other facts, those facts must also be considered in determining coverage. In Apartment Investment...
An insured must be fully informed of the impliations of an excluded party clause for the clause to be effective
An application by the insurer for a delcaration that it had no duty to defend or indemnify the insured and his son was dismissed in part. There was no coverage for the son, as he was an excluded driver under the policy. Although the son was an 'excluded driver' under the policy the evidence did not...
A defendant may be entitled to indemnification for legal costs arising from a frivolous claim.
The City of Penticton ("Penticton") was successful in obtaining an order declaring that it was an insured under a policy of insurance issued by AXA Pacific Insurance Co. ("AXA") and that AXA was liable under that policy to indemnify the City against all costs and expenses...
A court may look beyond the pleadings to determine if an insurer has a duty to defend.
Court considered the Statement of Claim, the insurance policy, and a contract of indemnity in determining whether the Insurer had a duty to defend the Insureds in relation to a Third Party Notice. Tarrabain v. Wawanesa Mutual Insurance Co., [2009] A.J. No. 912, May 4, 2009, Alberta Court of Queen's...
