Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Duty to Defend Category

Posted In: Duty to Defend

Bill Cosby Scores Victory for Insureds Interpreting “Arising Out Of” Exclusions

AIG unsuccessfully sought to disengage itself from Bill Cosby by seeking a declaration that it had no duty to defend or indemnify Cosby in three underlying suits. The decision is…

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Posted In: Duty to Defend

Insurance for “Malicious Prosecution” Doesn’t Cover an “Abuse of Process” Claim

“Love thy neighbor” was obviously not the principle governing the behavior of the Kaplans and the Costellos, neighbors in Hull, Massachusetts. When the Kaplans sued, the Costellos’ counterclaimed alleging an…

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Posted In: Duty to Defend

Attorneys Fees – How Much Does the Insurer Have to Pay When It Reserves Rights?

When an insurer wrongfully refuses to defend, it largely gives up the right to contest the reasonableness of the insureds’ legal fees. So ruled a federal district court in Wisconsin,…

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Posted In: Duty to Defend

Does an “Intentional Acts” Exclusion Bar Coverage for a Housing Discrimination Claim?

Surprisingly, the answer is “no,” at least from the Supreme Court of Ohio. When a landlord was sued by an African American woman who claimed she was discriminated against in…

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Posted In: Duty to Defend

SJC Imposes “Extraordinarily Large” Damages Against Insurer, Cites “Crucial” Principle That Insurers Act In Good Faith Towards Policyholders

No Unfair Or Deceptive Conduct, But Breach of Contract Damages To Insured Do Not Duplicate Prior Settlement With Claimant Judgment Exceeds $3.5 Million for Failure to Defend Under $50,000 Policy…

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Posted In: Duty to Defend

No “Invasion of Privacy” Coverage Where Insured Record Storage Company Lost Its Clients’ Confidential Data, Says Connecticut

What happens when an insured loses the confidential information of its customer’s employees that it is charged with maintaining?  Is the CGL insurer obligated to defend if it covers invasion…

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Posted In: Duty to Defend

Even in Duty to Indemnify Suits, Policyholders Get Fees If Duty to Defend Is Vindicated

A recent federal District Court case slightly expands the scope of the Massachusetts rule, which entitles a policyholder to recover its attorney’s fees incurred to establish an insurer’s duty to…

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Posted In: Duty to Defend

Can Insurers Still Use Declaratory Judgments to Ascertain Their Duty to Defend?

If a recent Massachusetts federal district court decision is widely followed, insurers will have a tougher time using a declaratory judgment (DJ) action to get a quick answer as to…

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Posted In: Duty to Defend

No Duty to Defend for Complaint That Is Consistent With the Possibility of Covered Claims, But Doesn’t Allege Them

The First Circuit recently held that even a broad duty to defend standard does not require a court to speculate about claims the plaintiff does not state.  As a result,…

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Posted In: Duty to Defend

Insurer’s Duty to Defend Trumps Contract and Professional Services Exclusions

In insurance contracts, the term “‘arising out of’ must be read expansively” – even when used in exclusions, according to a new superior court decision. Nonetheless, Judge Judith Fabricant ruled…

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