By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party
Author: thecicr
The Complex Insurance Coverage Reporter – December 2020
How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?
Insurer Fails to Provide Notice of ROR to Claimant and Waives Strong Defense: No, This Was Not a New York Case
It is well known that, under New York statutory law, an insurer that fails, in a timely manner, to advise a claimant of a disclaimer to its insured for a bodily injury claim can waive certain coverage defenses. This is a general statement of one aspect of New York Insurance Law § 3420.
Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
By: Eric B. Hermanson and Austin D. Moody The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether
California Business Interruption COVID-19 Coverage Bill: A New Twist to Proposed State Legislation
By: Edward M. Koch and Felix S. Yelin On July 2, 2020, an amended California Assembly Bill 1552 (Bill 1522 or the bill), which relates to commercial business interruption coverage
Court Addresses When Duty to Defend Ends
By: Anthony L. Miscioscia and Margo E. Meta There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a