2/28/2024 7:38:22 PM Expanding the “Four Corners” rule through constructive amendment By Stanley Nardoni The “Four Corners rule” (a.k.a. the “Eight Corners rule”) is the foundation for many states’ common law regarding the Duty to Defend...
1/24/2024 8:37:03 PM A win for Walmart! An Arkansas court finds insurers have a duty to defend certain prescription opioid liability lawsuits By Stephanie Gee Courtney Horrigan On December 29, 2023, an Arkansas court in the case of Walmart, Inc. v. ACE Am. Ins. Co., 04CV-22-2835-4, 2023 WL 9067386, (Ark. Cir. Ct....
11/29/2023 9:25:48 PM Hawaii Supreme Court rejects insurance company claims for defense expense reimbursement By Timothy Law At least since the California Supreme Court’s ruling in Buss v. Superior Court, 939 P.2d 766 (Cal. 1997), insurance companies have urged...
7/3/2023 9:23:02 PM Insurers must foot the bill for “inextricably intertwined” counterclaims in Pennsylvania By Amy Koss Lisa Szymanski In addition to insurance companies’ broad duty to defend all claims arising from complaints seeking damages potentially covered by their...
5/10/2023 11:00:05 PM Maximizing recovery of pre-notice defense costs: Considerations for policyholders By Eric Toepfer Evan Knott In a world of uncertainty, few things in life are more guaranteed than liability insurers reflexively rejecting claims for pre-notice...
2/24/2022 8:50:02 PM The duty to defend requires an early judgment By Benjamin Fliegel If an insurance company owes a duty to defend, the dispute should be decided promptly, on the pleadings. Any delay undermines the duty to...