Bradley J. Lorden
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The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to defend an insured do so at their own risk and – if not done through a reservation of rights or … Continue Reading
Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice from the lack of notice in order to avoid the obligation to provide defense and indemnification of the insured.” … Continue Reading
With data breaches affecting companies across virtually every industry, cyber security has remained front page news. Lawsuits brought by aggrieved consumers and financial institutions against companies that have suffered data breaches are not uncommon. Increasingly, companies are also being subjected to shareholder derivative suits against directors and officers alleging breach of fiduciary duty relating to … Continue Reading
When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a broker fails to do so, it may be liable for any gap in its client’s coverage. The Mississippi Supreme … Continue Reading
A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although the insured must show that the insurer is liable for coverage, this prerequisite can be established … Continue Reading
A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition. These cases, one holding for the insured and one for the insurer, demonstrate that a policy’s terms can be absolutely critical if the insured seeks indemnification for … Continue Reading
Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although these companies purchase commercial general liability (“CGL”) policies to manage those risks, they often face obstacles to recovery under policy terms and exclusions that purportedly preclude coverage … Continue Reading
Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend
By Bradley J. Lorden on Posted in Commercial General Liability (CGL)
Montana Joins Majority of Courts Holding That Insurers Must Establish Prejudice to Disclaim Coverage Based on an Insured’s Late Notice
By Bradley J. Lorden on Posted in Commercial General Liability (CGL), Notice
Protecting Directors and Officers From Derivative Liability Arising From Data Breaches
By Bradley J. Lorden on Posted in Directors and Officers Liability
Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable
By Bradley J. Lorden on Posted in Denial of Coverage
Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim
By Bradley J. Lorden on Posted in Breach of Contract, Commercial General Liability (CGL)
Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage
By Bradley J. Lorden on Posted in Directors and Officers Liability
Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims
By Bradley J. Lorden on Posted in Commercial General Liability (CGL), Property Damage