The Texas Supreme Court rejected BP’s $750 million claim for coverage under Transocean insurance policies.
In a victory for policyholders—and a continuation of the trend of courts adopting a broad reading of the term “occurrence” in comprehensive general liability (CGL) policies—a state court in California ordered three insurers to provide a defense in underlying product ...
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a professional liability policy to avoid liability for $200 million that its insured paid regulators for market-timing allegations.
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court of Appeals recently found such an exclusion ambiguous and reversed summary judgment in favor of the insurer.
A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown for several days – constituted “direct physical loss” pursuant to the insured’s policy and required payment from the insurer.
An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant restrictions, contrary to what the broker had recommended and agreed to procure.
A federal court in South Carolina ruled that absent a showing by an insurer of substantial prejudice caused by the insured’s late notice, an insurer that breached its duty to defend will be liable for reasonable costs of defense, including pre-tender costs.
In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair trade practices claim against an insurer for breaching its duty to defend – even though the insurer subsequently reimbursed the insured for its defense costs.
A policyholder who does not act promptly to seek advancement of defense fees and costs from its carrier could face a double whammy if the carrier denies coverage: not only will the policyholder be required to then fund the defense of the underlying action, but it may not be able to seek ...
On October 10, 2014, the Ninth Circuit affirmed a grant of summary judgment in favor of Manatt client The MEGA Life and Health Insurance Company.