duty to defend

Insurers Beware: Disingenuous Disclaimers Result in Award of Attorney's Fees

February 08, 2010 05:00

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

February 03, 2010 02:05

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

December 21, 2009 21:40

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.

Michael Thomas
December 11, 2009 19:08

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.

Michael Thomas
October 21, 2009 19:11

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...