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The Complex Insurance Coverage Reporter

Highlighting significant legal developments for complex insurance claims and coverage litigation.

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The Complex Insurance Coverage Reporter

Category: Insurance

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

April 5, 2021 thecicr Bad Faith, Insurance

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

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Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship

March 19, 2021 Amy Besser Duty to Defend, Insurance

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.

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The Complex Insurance Coverage Reporter – December 2020

December 17, 2020 thecicr Feature Article, Insurance

How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?

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Insurer Fails to Provide Notice of ROR to Claimant and Waives Strong Defense: No, This Was Not a New York Case

December 3, 2020 thecicr Insurance

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.

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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

October 22, 2020 Amy Besser Duty to Defend, Insurance

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.

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New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

October 13, 2020 Amy Besser Insurance

The New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation and Elliott Company.

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The Complex Insurance Coverage Reporter highlights significant legal developments for complex insurance claims and coverage litigation.

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