The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co. v. Amerisure Ins. Co., 2023 U.S. Dist. LEXIS 170293 (N.D. Ill. Sept.
Duty to Defend
Duty to Indemnify May Exist Even if Duty to Defend Does Not
By Tred R. Eyerly on
The Fifth Circuit affirmed the district court's granting the insurer's motion for summary judgment on the duty to defend, but reversed the district court's ruling that there was no duty to indemnify. Liberty Mut. Fire Ins. Co. v. Copart of Connecticut, Inc., 2023 U.S. App. LEXIS 18674 (4th Cir. July 31, 2023). …
After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel
By Tred R. Eyerly on
After breaching its duty to defend, the insurer could not take advantage of a California statute allowing insurers to establish rates for defense counsel. S. Cal. Edison Co. v. Greenwich Ins. Co., 2023 U.S. Dist. LEXIS 151695 (C.D. Cal. July 28, 2023).
Edison was an additional insured under a policy…
Tenth Circuit Reverses District Court’s Ruling that Contractor Entitled to a Defense
By Tred R. Eyerly on
After the district court granted the insured contractor's motion for judgment on the pleadings on the duty to defend, the Tenth Circuit found there was no coverage and reversed. Owners Ins. Co. v. Greenhalgh Planning & Development, Inc., 2023 U.S. App. LEXIS 20137 (10th Cir. Aug. 4, 2023).
Greenhalgh remodeled…
Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas Emissions
By Tred R. Eyerly on
The federal district court certified questions to the Hawaii Supreme Court regarding coverage for underlying allegations of greenhouse gas emissions. Aloha Petroleum, Ltd. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 2023 U.S. Dist. LEXIS 156211 (D. Haw. Sept. 5, 2023).
Aloha was sued in two lawsuits, one filed by…
Federal Court Predicts Georgia Will Deny Insurers’ Right to Reimbursement of Defense Costs
By Tred R. Eyerly on
Predicting Georgia law, the Eleventh Circuit affirmed the district court's decision that Georgia would not allow insurers to seek reimbursement of defense costs. Continental Cas. Co., et. al v. Winder Laboratories, LLC, et. al, 2023 U.S. App. LEXIS 17852 (11th Cir. July 13, 2023).
Winder Laboratories held two policies, a…
Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000
By Tred R. Eyerly on
While agreeing with the insured there was a duty to defend, the court determined the defense of an environmental claims was limited to $100,000. Casa Nido Partnership v. JAE Kwon, 2023 U.S. Dist. LEXIS 97701 (N.D. Calif. June 5, 2023).
In 1976, Casa Nido purchased the property and remains the…
Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
By Tred R. Eyerly on
The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023).
In 1990, Neles-Jamesbury became the sucessor by merger to the liabilities…
No Coverage for Employer Under Professional Liability Policy
By Tred R. Eyerly on
Although the employer raised numerous claims against the insured employer, none were covered under the policy. Hemphill v. Landmark Ins. Co., 2023 U.S. App. LEXIS 8079 (April 5, 2023).
Carl Hemphill and MJC Labor provided temporary employee placement and visa application processing services to workers from Mexico and Central America.
After Withdrawing from Case, Insurer’s Defense Counsel Cannot Reenter Case Without Insured’s Consent
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals found that after defense counsel withdrew from the case after the trial court found no coverage. defense counsel could not reenter the case without the insured's consent. Franco v. Reinhardt, 2023 Haw. App. LEXIS 63 (Feb. 28, 2023).
Fabio Reinhardt was driving a truck owned…