On March 17, 2021, the Eastern District of Pennsylvania issued its decision finding that an insurance carrier had no duty to defend its insured where the allegations in the underlying litigation involved claims of faulty workmanship.
All posts in Duty to Defend
North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs
In Colony Insurance Company v. Buckeye Fire Equipment Company, the insured was named a defendant in hundreds of underlying suits relating to its manufacture of fire equipment containing aqueous film-forming foam, a fire suppressant.
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 coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached conflicting decisions. The…
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 duty to defend its insured if the complaint states a claim that potentially falls within the policy’s coverage. However, there is a lack of consistency…
The Complex Insurance Coverage Reporter – May 2020
The Insurer’s Duty to Defend and Pre-Suit Demand Letters: What Constitutes a “Suit”?