When a liability insurer withdraws a reservation of rights that had previously triggered a right to independent counsel, the insurer no longer has an obligation to allow the insured to control the litigation, and no longer has an obligation to … Read More
A water tank that was separated from the dwelling by clear space but connected by an underground pipe was not “attached” to the dwelling and, therefore, was subject to a fire policy’s lower limit of liability for “Other Structures.” ( … Read More
An “assault or battery” exclusion barred coverage for an insured nightclub owner’s alleged negligence in failing to prevent an assailant from throwing flammable liquid on a claimant and then setting the claimant on fire. (Mount VernonFire Ins. Corp. v. Oxnard … Read More
Unless a third-party claimant makes a settlement demand against an insured or otherwise expresses some interest in settling with the insured, an insurer has no affirmative duty to offer its policy limits in settlement, and thus the insurer cannot be … Read More