on June 11, 2019
When drafting contracts, parties usually spend the majority of the time negotiating the warranty, project/product specification, and price provisions....
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Earlier this year, the Georgia Supreme Court was poised to decide whether an insurer was put on sufficient notice of an opportunity to settle a claim within policy limits to trigger a duty to settle. In March, the Court made its decision; however, the decision appears to raise more questions than answers....
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The Sixth Circuit Court of Appeals recently held that the sexual assault claims of three women against an independent dealer of vacuum cleaners constituted a single occurrence for insurance purposes because the company was negligent in hiring and supervising the independent dealer....
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on March 26, 2019
The Wisconsin Supreme Court apportioned defense costs between two insurers using the pro-rata by the limits approach, even though one of the insurers had breached its duty to defend....
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on March 5, 2019
The Nevada Supreme Court considered the issue of "whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but has not acted in bad faith is capped at the policy limit plus any costs incurred by the insured in mounting defense, or whether the insurer is liable for all losses consequential to the insurer's breach." Century Sur. Co., 2018 WL 6609591 at *1....
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