Danita Davis Sudac

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The Illinois Appellate Court for the First District ruled that an insured was entitled to independent counsel where its insurer was reserving rights based on a punitive damages exclusion and the claim for punitive damages was the greatest part of the insured’s exposure. In Xtreme Protection Services LLC v. Steadfast Ins. Co., 2019 IL App (1st) 181501 (Ill. App. Ct. May 3, 2019), the underlying case involved a suit against Xtreme Protection Services LLC for…
In Steadfast Ins. Co. v. Greenwich Ins. Co, 2019 WI 6 (2019), the Wisconsin Supreme Court ruled that an insurer that breached its duty to defend did not have to repay the full $1,550,000 that another insurer expended in defending the insured. Instead, the court apportioned the defense costs among the two insurers on a pro rata basis according to each insurer’s policy limits.The court declined to hold that the insurer who breached its duty…
In  Century Sur. Co. v. Andrew, 134 Nev.Adv.Op 100, No. 73756 (December 12, 2018), the Nevada Supreme Court, answering a certified question submitted by the United States District Court for the District of Nevada, held an insurer who breaches the duty to defend can be held liable for the entirety of a judgment in excess of policy limits, even if the insurer acted in good faith when it denied the defense. It also concluded,…
In Witcher v. State Farm Fire and Cas. Co., 2018 IL App (5th) 170001-U (Ill. App. Jan. 26, 2018), the insureds demanded an appraisal following a fire loss.  A fire rendered the insureds’ home a total loss, but the insureds and State Farm could not agree on loss valuation. State Farm received notice of the written appraisal demand, but did not respond to it within 20 days of receipt as required by its homeowner’s policy.…