Tag Archives: Duty to Defend

The Duty to Defend in California

All primary liability insurance policies require the insurer to defend against claims where potential liability under the policy exists.  California has long been a leader in requiring a broad interpretation of potential liability, appropriately so because liability insurance has been a mainstay of our industrialized society, where accidents are common and the costs of defense … Continue Reading

Travelers Fails to Pull a Rabbit out of its Hat and Must Defend its Insured

In a recent federal court decision out of Colorado, Travelers failed to convince the Court that it had no duty to defend its insured based on its IP exclusion (barring coverage for patent infringement claims).  Travelers’ subsidiary, Charter Oak, attempted to dodge coverage for its insured, Minute Key, Inc., under a liability policy.  Minute Key … Continue Reading

Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy issued by CNA.  This is an excellent result for policyholders, and a warning to recalcitrant excess insurers. The Insured … Continue Reading
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