Tag Archives: duty to defend

Design Professional’s Contractual Duty to Defend Obligation

Design professionals are oftentimes reluctant to contractually agree to defend their client (e.g., the owner) from claims arising from their negligence.  The reason for this is typically twofold: (1) their professional liability policy does not permit the owner to be … Continue reading

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Liability Insurer’s Duty to Defend Triggered by Allegations in Complaint

A liability insurer’s duty to defend its insured is triggered by the allegations in the complaint.  You probably already know this from reading a number of other articles on an insurer’s duty to defend.  A recent federal district court opinion … Continue reading

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Exclusions Bar Coverage even in Automobile Liability Insurance Policies

When an insurer believes it does not owe a duty to indemnify its insured, it is not uncommon that it (1) starts to defend the insured under a reservation of rights and (2) files an action for declaratory relief contending … Continue reading

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Insurer’s Initial Duty – The Duty to Defend Insured

When a claim is asserted against you in a construction defect dispute, one of the first things you will do (and should absolutely do) is notify your commercial general general liability insurer.  You want to make sure your insurer initially … Continue reading

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Insurer’s Duty to Defend Extends to Additional Insured

An insurer’s duty to defend its insured will extend to defending the entire lawsuit if any asserted claim (cause of action) triggers the duty to defend. Even if certain claims may not be covered under the policy, if the allegations … Continue reading

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Tendering the Defense of Lawsuit as Additional Insured

When a contractor is sued in a construction defect / damage lawsuit, the lawsuit should implicate the scope of work of certain subcontractors. The contractor wants to tender the defense of that lawsuit to those subcontractors that, hopefully, identified the … Continue reading

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State of Limbo as to Whether Insurer has Duty to Defend Insured-Contractor during Florida Statutes Chapter 558 Process

I previously discussed a Florida federal district court opinion where the court held that an insurer does NOT owe a duty to defend its insured-contractor during Florida Statutes Chapter 558 notice of construction defects process.   The district court held that … Continue reading

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Construction Defects and the Careful Drafting of the Lawsuit (Complaint)

When it comes to construction defect litigation, the way the complaint is drafted is very, very important. The complaint is what triggers a liability insurance carrier, such as a CGL carrier’s, duty to defend. The key is to maximize insurance … Continue reading

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What is a Coblentz Settlement Agreement when an Insurer Denies a Defense to Its Insured?

I have discussed that an insurer’s duty to defend its insured is triggered by the allegations in the complaint (or lawsuit) against the insured. This means in a construction defect lawsuit, the CGL insurer’s duty to defend its contractor-insured will … Continue reading

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Triggering the CGL Insurer’s Duty to Defend

Insureds (such as contractors, subcontractors, and suppliers, etc.) that have CGL insurance need to know what triggers the CGL insurer’s duty to defend the insured. Not only do the insureds need to know this, but it is prudent for the … Continue reading

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