The Nevada Supreme Court held in Nautilus Insurance Co. v. Access Medical, LLC, 482 P.3d 683 (Nev. 2021), on first impression, that the liability insurer could obtain recoupment of defense costs from its insured after establishing that no duty to defend existed. The...
Month: April 2022
“SEWERAGE” NOT REQUIRED TO INVOKE BACK-UP AND OVERFLOW FROM SEWER EXCLUSION
In AKC, Inc. v. United Specialty Insurance Co., 2021-Ohio-3540, ___N.E.3d ___, 2021 WL 4557194 (Ohio 10/6/21), the insured argued that a standard policy exclusion for sewer back-ups and overflows was ambiguous because the exclusion did not contain the specific word...
TENTH CIRCUIT COURT OF APPEALS FINDS THAT INSURANCE POLICY’S APPRAISAL CLAUSE ALLOWS CAUSATION DETERMINATIONS
In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with an ordinary meaning in the insurance...
TO ESTABLISH BAD FAITH FAILURE TO SETTLE, IN CALIFORNIA, PLAINTIFF MUST PROVE BOTH THAT A REASONABLE SETTLEMENT DEMAND WAS MADE, IN ADDITION TO UNREASONABLE CONDUCT ON THE PART OF THE INSURER
In Pinto v. Farmers Insurance Exchange, 61 Cal. App. 5th 676, 276 Cal. Rptr. 3d 13 (2d Dist. 2021), the California Court of Appeals, Second District, held that the proof required to establish insurer bad faith for failure to settle required the plaintiff to prove both...