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Channel: Documents by Phelps Dunbar LLP on martindale.com
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Texas Supreme Court Reinstates Verdict in Builder’s Favor for Coverage...

The Texas Supreme court held that money spent in voluntary payments to remediate defective building siding is covered under an umbrella policy because the insurer did not show that it was prejudiced by...

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North Carolina Court of Appeals Holds Whether Insurer Has Duty to Defend in...

The North Carolina Court of Appeals recently refused to consider an interlocutory appeal from an insurer with respect to its duty to defend, finding the issue of whether an insurer has a duty to defend...

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South Carolina Supreme Court Holds Insurer’s Contribution Claim against...

The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...

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Court of Appeals of Kentucky Upholds Statute Prohibiting Arbitration...

The Court of Appeals of Kentucky has held that a risk pool agreement among self-insured entities constitutes a contract of insurance subject to Kentucky’s statutory prohibition against...

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Texas Appeals Court Affirms Ruling that Insured Does Not Have a Right to...

An appellate court in Texas recently held that a potential conflict of interest between multiple insured defendants was not enough to require an insurer to retain separate counsel pursuant to the...

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Federal Court in Kentucky Rules Insured’s Failure to Comply with...

A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the...

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South Carolina Supreme Court Holds Insurer’s Contribution Claim against...

The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...

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Federal Court in South Carolina Holds Roofer Not Entitled to Coverage for...

A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...

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Florida Supreme Court Holds Actual Repair Not A Condition Precedent to...

The Florida Supreme Court recently held that under Florida law, insurers must include overhead and profit in the replacement cost of a loss if the insured is reasonably likely to need a general...

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Louisiana Supreme Court Holds Direct Action Trial against Insurer May Proceed...

The Louisiana Supreme Court has held that because a plaintiff did not expressly renounce her right to proceed against a direct action insurer, her dismissal of the insured during trial had no effect on...

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South Carolina Supreme Court Holds Insurer’s Contribution Claim against...

The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...

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Federal Court in Kentucky Rules Insured’s Failure to Comply with...

A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the...

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Federal Court in South Carolina Holds Roofer Not Entitled to Coverage for...

A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...

View Article


Court of Appeals of Kentucky Upholds Statute Prohibiting Arbitration...

The Court of Appeals of Kentucky has held that a risk pool agreement among self-insured entities constitutes a contract of insurance subject to Kentucky’s statutory prohibition against...

View Article

Florida Supreme Court Holds Actual Repair Not A Condition Precedent to...

The Florida Supreme Court recently held that under Florida law, insurers must include overhead and profit in the replacement cost of a loss if the insured is reasonably likely to need a general...

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Georgia Supreme Court Holds “Occurrence” Does Not Require Damage...

The Georgia Supreme Court recently held that an insured’s faulty workmanship can result in an “occurrence” under a standard CGL policy even when the only property damage...

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Federal Court in South Carolina Holds Roofer Not Entitled to Coverage for...

A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...

View Article


Texas Appeals Court Affirms Ruling that Insured Does Not Have a Right to...

An appellate court in Texas recently held that a potential conflict of interest between multiple insured defendants was not enough to require an insurer to retain separate counsel pursuant to the...

View Article

North Carolina Court of Appeals Holds Whether Insurer Has Duty to Defend in...

The North Carolina Court of Appeals recently refused to consider an interlocutory appeal from an insurer with respect to its duty to defend, finding the issue of whether an insurer has a duty to defend...

View Article

Federal Court in South Carolina Holds Roofer Not Entitled to Coverage for...

A federal court in South Carolina recently held that the individual owner of the insured roofing company was not entitled to coverage for claims against him in his individual capacity for work...

View Article
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