Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch.
All posts in January 2020
Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege
The court set out the rules concerning attorney-client privilege in the context of a coverage dispute. As a starting point, “there is a presumption of no attorney-client privilege relevant between the insured and the insurer in the claims adjusting process.”
Homeowners Coverage for Arsonist’s Innocent Coinsured: Clarification From the MA Supreme Judicial Court
The Massachusetts Supreme Judicial Court addressed the responsibilities of an insurer under a homeowners policy to an innocent insured homeowner when her fiancée — a coinsured who co-owned the home — intentionally set fire to the home.
Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense
By: Anthony L. Miscioscia and Timothy A. Carroll It has long been the rule, under Pennsylvania law, that an insurer’s duty to defend is determined “solely” by the allegations in…
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
On December 31, 2019, the First District Illinois Appellate Court issued a decision clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context.