Between the Lines

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

Archive for Duty to Indemnify Category

Posted In: Claims Handling and Settlement, Duty to Defend, Duty to Indemnify, Intentional Conduct, Policy Construction, Uncategorized

SJC Addresses Whether and When Insured Can Settle Without Insurer’s Consent and Limits on Enforceability Against Insurer of a Settlement to Which the Insurer Did Not Consent


Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into court tolls the insurer’s liability…

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Posted In: Duty to Indemnify

The NY Court of Appeals Will Decide Whether an Insurer Who Breaches the Duty to Defend May Contest Its Duty to Indemnify

At the K2 Re-Argument, the Court Asks: Which Rule Is Better Public Policy? K2 Investment Group, LLC v. American Guarantee and Liability Ins. Co. shocked the coverage bar last year….

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Posted In: Additional Insureds, Duty to Indemnify, Policy Construction

Answer in the Form of a (Special Jury) Question

The New Hampshire Supreme Court held last month that limiting language in a policy heading is ineffective if the text of the provision promises broader coverage.  The result is not…

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