Archive | Duty to Idemnify

Insurer Has Duty to Defend Despite Indemnity Agreement Per Oregon Court

The Oregon federal district court recently addressed the enforceability of an indemnification agreement under ORS 31.140 and its impact on an insurer’s duty to defend and duty to indemnify an insured.  In Portland Gen. Electric Co. v. Liberty Mut. Ins. Co., No. 3:15-cv-00217-HZ, 2015 WL 3892593, — F.Supp.3d — (D. […]

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Oregon Court Finds No Duty to Defend or Indemnify for Alleged Professional Services

An Oregon federal district court judge recently issued an opinion and order in Navigators Ins. Co. v Hamlin, No. 14-cv-196-MC, 2015 WL 1084825 (D.Or. Mar. 10, 2015) addressing an insurance company’s duty to defend and indemnify its insured for claims relating to alleged professional services rendered by the insured.  The […]

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Oregon Insured Not Entitled to Reformation of Policy

Last week, the Oregon Court of Appeals analyzed two commonly litigated issues that arise when a policyholder has inadequate insurance coverage and suffers a loss.  First, the court considered whether reformation of the insurance policy was appropriate.  Second, it assessed whether there was a viable claim for negligent procurement of […]

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Washington Court Holds Insurer Had Duty to Defend Property Owner as Additional Insured

A judge in the Western District of Washington recently issued an opinion in Seaway Properties LLC v Fireman’s Fund Ins. Co., 2014 WL 1612696, — F.Supp.2d — (W.D. Wash. Apr. 22, 2014), which addressed a property owner’s claim for defense and indemnity as an additional insured under its tenant’s insurance […]

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Extrinsic Evidence Properly Considered in Duty to Defend Suit Per Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit released an unpublished opinion on March 20, 2014, in Composite Structures, Inc. d/b/a Marlow Marine Sales v. The Continental Ins. Co., — Fed. Appx —, 2014 WL 1069253 (11th Cir., Mar. 20, 2014), addressing whether a court may consider information […]

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Washington Court Finds Insurer Complied with Duties to Defend and Indemnify

This week, the Washington Court of Appeals, Division 1, affirmed a Clark County trial court judge’s dismissal on summary judgment of an assigned bad faith claim against an insurance company.  In an unpublished opinion in Water’s Edge Association v. Farmers Ins. Exch., Wash. Ct. of App., No. 71066-4-I (March 3, […]

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Oregon Court Addresses Insurer’s Duties to Defend and Indemnify

On February 20, 2014, the Oregon Court of Appeals released an opinion in Leach v. Scottsdale Indem. Co., 261 Or App —, — P3d —, No. A151680 (Feb. 12, 2014), addressing an insurance company’s duty to defend and duty to indemnify under a commercial general liability policy.  The case concerned […]

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Third-Party May Satisfy Self-Insured Retention Provision Per Florida Court

On February 6, 2014, the Florida Supreme Court issued an opinion on the requirements for satisfying a self-insured retention provision in a liability insurance policy and application of the “insured made whole” doctrine.  The case of Intervest Construction of Jax, Inc., et al. v. General Fidelity Ins. Co., 2014 WL […]

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