The question "when does the duty to defend start?" arises quite frequently. Succinctly, it starts immediately upon the filing of a covered lawsuit and tender to the insurer. "The defense duty is a continuing one, arising on tender of defense and lasting until the underlying lawsuit is concluded, or until it has been shown that
Duty to Defend
Ninth Circuit Ratifies Burlington’s Mistake
By Tred R. Eyerly on
Burlington Insurance Company wins again. The Ninth Circuit of Appeals issued an unpublished decision a few months ago entitled Burlington Insurance v. Steve’s Ag Services, which appears to perpetuate some of the logic flaws in the original Burlington decision. Although the court refused to explain the underlying facts (instead simply stating "the parties are…
Ninth Circuit Lights Fire Under St. Paul, Ruling It Must Defend in Squabble Between Survivors of the Doors
By Tred R. Eyerly on
What makes for a more interesting insurance case than a fight between surviving members of the Doors leading to a coverage dispute over the duty to defend? Applying California case law, which is very similar to Hawaii case law, the Ninth Circuit recently determined St. Paul had a duty to defend a surviving of the …