Topic
Defense Costs
109 published works
Insurance Law Hawaii
Insurer Must Defend Additional Insured Who is Not Indemnitee Under Supplementary Payments Provision
The federal district court held that the insurer was obligated to defend the additional insured, rejecting the insurer's argument that the additional insured was an indemnitee under the policy's supplementary…
Insurance Law Hawaii
Insurers Must Share Defense for Claims Arising from Tractor-Trailer Accident
The Tenth Circuit Court of Appeals affirmed the district court's finding that Cincinnati Insurance Company must share defense costs for the additional insured with Liberty Mutual Insurance Company. Wolpert v.…
The Policyholder Perspective
Presumptions of defense cost reasonableness can benefit policyholders
By Stan Nardoni
An insurer that breaches a duty to defend its insured for a lawsuit will typically be held liable for the expenses the insured “incurred in defending the suit, including reasonable…
Insurance Law Hawaii
Excess Policy that Follows Form Does Not Agree to Pay Defense Costs
The Texas Supreme Court determined that language in the following form excess policy did not obligate it to defend the insured. Ohio Cas. Ins. Co. v Patterson UTI…
Insurance Law Hawaii
One Insurer Must Reimburse Another for Defense Costs
The Second Circuit upheld the district court's grant of summary judgment finding that Scottsdale Insurance Company owed a defense to the insured and had to reimburse Greater New…
Insurance Law Hawaii
Insurers Dispute Sharing of Defense in Construction Defect Case
The California Court of Appeal affirmed the trial court's decision that the defending insurer was not entitled to reimbursement of defense costs from another insurer based upon a…
Hunton Insurance Recovery Blog
Hawaii Supreme Court Says Aloha to Insurers Trying to Recoup Defense Costs From Policyholders
By Lara Degenhart Cassidy, Yosef Itkin
The Hawaii Supreme Court emphatically rejected insurer efforts to seek reimbursement of defense costs absent a provision in the policy providing for such reimbursement in St. Paul Fire & Marine…
Insurance Law Hawaii
Federal Court Predicts Georgia Will Deny Insurers’ Right to Reimbursement of Defense Costs
Predicting Georgia law, the Eleventh Circuit affirmed the district court's decision that Georgia would not allow insurers to seek reimbursement of defense costs. Continental Cas. Co., et. al…
Hunton Insurance Recovery Blog
Eleventh Circuit Rejects Implicit Right to Reimbursement of Defense Costs Under Georgia Law
By Lawrence J. Bracken II, Rachel E. Hudgins, Andrew S. Koelz
Whether an insurer has a right to reimburse defense costs after a finding that it has no duty to defend remains an open question in Georgia. However, in Continental Casualty…
Insurance Coverage Notes and Developments
Eleventh Circuit Holds That Georgia Law Does Not Require Reimbursement of Defense Costs Paid Subject to a Reservation of Rights Absent Policy Language Requiring Reimbursement
By Jeffrey Ward
The Eleventh Circuit has held, in a matter of first impression under Georgia law, that a reservation of rights letter including a right to reimbursement did not entitle insurers to…