Tag Archives: Duty to Defend

Insurance – Duty to Defend – Exclusion – Tort/Negligence – Defamation – Labor & Employment (access required)

Universal North America v. Frey The homeowners’ policy issued by the insurer to defendant excludes coverage for “personal injury” that is “sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an ‘insured.’”

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Insurance – Attorney’s Fees – Declaratory Judgment Action – Duty to Defend – Appeals – First Impression (access required)

Jessco, Inc. v. Builders Mutual Insurance Co. S.C. law permits an insured to recover attorney’s fees when the insured wins a declaratory judgment stating that its insurer breached its duty to defend. The court logically extends this case law to encompass attorney’s fees incurred by the insured when it successfully defends such a judgment on appeal.

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Insurance – Duty to Defend – Declaratory Judgment Action – Contract Terms – Attorney’s Fees (access required)

Baiden & Associates, Inc. v. Crum & Forster Specialty Insurance Co. The complaint cites the Certain Underwriters at Lloyds, London policy by policy number, coverage period and coverage limits; the plaintiff-contractor attached to its complaint a certificate of insurance which reflected certain key information about the Lloyds policy; the contractor alleged that, under the insurance policies at issue, including the Lloyds policy, the duty to defend was triggered by the allegations in a state-court complaint that the insured subcontractors’ work resulted in property damage; and the complaint recited language from the policies at issue, including the Lloyds policy. Therefore, the contractor’s complaint is sufficient to advise Lloyds of the event being sued upon.

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