Affirmative Insurance Co. v. Williams (Lawyers Weekly No. 002-126-15, 16 pp.) (J. Michelle Childs, J.) 5:14-cv-04087; D.S.C. Holding: Where the plaintiff in the underlying lawsuits, Vikki Sheppard, has the same ultimate objective – to ensure the maximum amount of insurance ...

Tagged with: Duty to Defend

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.’”

Tagged with: Defamation Duty to Defend Exclusion Insurance Labor & Employment Tort/Negligence

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.

Tagged with: Appeals Attorneys' Fees Declaratory Judgment Action Duty to Defend First Impression Insurance

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.

Tagged with: Attorney’s Fees Declaratory Judgment Action Duty to Defend Insurance

Auto Owners Insurance Co. v. Personal Touch Med Spa, LLC. Except for one employee who was fired before the business owner's insurance policy went into effect, the plaintiff-insurer is not entitled to summary . . .

Tagged with: Duty to Defend Insurance