CaselawColoradoDefense costs reimbursement
Colorado defense costs reimbursement
Under Colorado law, insurer which obtains judicial declaration of no duty to defend is entitled to seek reimbursement of costs incurred in defending insured where ...
Read More →
CaselawDefense costs reimbursementPennsylvania
Pennsylvania defense costs reimbursement
In American & Foreign Ins. Co. v. Jerry’s Sport Center, No. 88 MAP 2008 (Pa. August 17, 2010), the Supreme Court of Pennsylvania held that, ...
Read More →
CaselawContractual LiabilityOccurrencePennsylvania
Pennsylvania “occurrence” and contractual liability exclusion
In Schuylkill Stone Corp. v. State Auto. Mut. Ins. Co., No. 09-5812 (D. N.J. August 17, 2010), several homeowners sued Quaker as the designer and ...
Read More →
"Get to" costs"legally obligated to pay"ArizonaCaselawConditionsDuty to payj.(5)l. Your completed workSubcontractor work exceptionUncategorizedVoluntary Payment
Arizona “legally obligated to pay,” breach of contract as an “occurrence,” contractual liability exclusion, exclusion j.(5) “that particular part,” “get to” costs, and voluntary payment condition.
In Desert Mountain Properties Ltd. Partnership v. Liberty Mutual Fire Ins. Co., 236 P.3d 421 (Ariz. Ct. App. 2010), aff’d, 250 P.3d 196 (Ariz. 2011), ...
Read More →
CaselawProfessional Services
Ohio “property damage” caused by an “occurrence”; contractual liability exclusion; exclusions j.(5), j.(6), k., l., and n.; and professional services exclusion.
In Younglove Construction, LLC v. PSD Development, LLC, No. 3:08CV1337 (N.D. Ohio July 21, 2010), insured Custom Agri Systems, Inc. was a subcontractor to Younglove ...
Read More →
CaliforniaCaselawDuty to defend
California duty to defend.
In Clarendon America Ins. Co. v. StarNet Ins. Co., No. G042353 (Cal. Ct. App., 4th Dist., Div. 3, July 27, 2010), the court held that, ...
Read More →
"Property damage"CaselawEarth Movement/Subsidencel. Your completed workOccurrenceOregonSubcontractor work exception
Oregon “property damage” caused by an “occurrence,” earth movement/subsidence exclusion, Subcontractor exception to Your Completed Work exclusion l.
In Willmar Development, LLC v. Illinois National Insurance Co., 726 F. Supp. 2d 1280 (D. Ore. 2010), Willmar was the general contractor for a house ...
Read More →
"legally obligated to pay"CaselawDuty to payFlorida
Florida duty to pay.
An insurer’s duty to pay is determined by the actual facts, not the allegations of the complaint, and thus is not ripe for determination until ...
Read More →
CaselawDuty to defendOregon
Oregon duty to defend
Federal district trial court Erie-guesses that the Oregon Supreme Court would hold that, in determining an insurer’s duty to defend under a claims-made policy, the ...
Read More →
allocationCaselawDuty to payFloridaj.(5)j.(6)
Florida exclusions j.(5) and j.(6), and covered versus uncovered allocation
In Nova Casualty Co. v. Willis, No. 3D09-1130 (Fla. 3rd DCA June 3, 2010), the insured was hired by a property owner to trim trees ...
Read More →