duty to defend

Pennsylvania Supreme Court Rejects Recoupment of Defense Costs

August 22, 2010 22:15

The Pennsylvania Supreme Court rarely agrees on anything.  Next to the Washington Supreme Court, the Pennsylvania Supreme Court features the largest number of divided decisions and nasty dissents of any court in the country.  It is with some surprise that we note the Supreme Court's...

Complaint Alleging Trespass But Not Physical Injury Does Not Trigger Duty To Defend

August 20, 2010 22:44

  In Metropolitan Casualty Ins. Co. v. Birmingham, Case No., C09-726RAJ, 2010 U.S. Dist. LEXIS 82838 (W.D. Wash., August 13, 2010), the court found that the insurer had no duty to defend the insured because there were no allegations of property damage or personal injury. In the underlying...

A strata's insurance does not provide coverage to a strat member for social host liability

August 20, 2010 22:36

Application for a declaration that the defendant was entitled to coverage with respect to three claims in negligence as a social host pursuant to the policy held by the strata corporation where he resided .  The application was dismissed. Economical Mutual Insurance Co. v. Aviva Insurance Co....

Oregon District Court Predicts Oregon State Courts Would Consider Extrinsic Evidence Of The Date A Claim Was Noticed To An Insured When Analyzing The Duty To Defend Under A Claims-Made Policy

August 16, 2010 17:18

The issue of whether evidence beyond the “eight corners” of the complaint against an insured and the policy issued to an insured can be considered to determine an insurer’s duty to defend its insured under a claims-made policy has not been addressed by Oregon’s appellate...

Oregon District Court Predicts Oregon State Courts Would Consider Extrinsic Evidence Of The Date A Claim Was Noticed To An Insured When Analyzing The Duty To Defend Under A Claims-Made Policy

August 16, 2010 17:18

The issue of whether evidence beyond the “eight corners” of the complaint against an insured and the policy issued to an insured can be considered to determine an insurer’s duty to defend its insured under a claims-made policy has not been addressed by Oregon’s appellate...