Duty to Defend Feed

EQUITABLE DOCTRINE OF SUBSTANTIAL PERFORMANCE DOES NOT EXCUSE INSURED’S FAILURE TO COMPLY WITH MATERIAL TERM OF INSURANCE CONTRACT

The Connecticut Appellate Court ruled in 21st Century North American Insurance Company v. Perez, 177 Conn.App. 802 (2017), that an insured may not avoid cancellation of an automobile insurance policy for failure to pay the full amount of an installment premium due by payment of a substantial portion of the... Read more →


Insurer Must Defend Class-Action Suit Alleging Unauthorized Disclosure of Medical Records

In a recent decision of interest to corporate policyholders exposed to liability claims for data breaches or unauthorized disclosure of confidential information, a federal circuit court of appeals has ruled that coverage for liability claims arising from the unlawful exposure of medical records over the internet may exist under a... Read more →


IS AN INSURER'S RIGHT TO CANCEL AN INSURANCE POLICY FOR NON-PAYMENT OF PREMIUM ABSOLUTE?

There is an old adage in the legal profession that bad facts can make bad law. A recent Connecticut Superior Court decision serves as an example that an insurer’s right to cancel an insurance policy for nonpayment of premium is not absolute. In 21st Century North America Insurance Company v.... Read more →


INSURER LIABLE FOR PRE-TENDER DEFENSE FEES AND PREJUDGMENT INTEREST

I recently wrote an article published in the Connecticut Law Tribune about the Massachusetts Supreme Court’s decision in Boyle v. Zurich American Ins. Co., 36 N.E.3d 1229 (Mass. 2015), in which the Court held Zurich Insurance Company liable for a default judgment entered against its insured notwithstanding that the insured... Read more →


Extrinsic Evidence May Not be Used to Avoid Duty to Defend Additional Insured

A Connecticut trial court recently ruled that a liability insurer breached its duty to defend the City of Waterbury as an additional insured under a tenant’s liability insurance policy. The insurer failed to defend the city in a lawsuit seeking damages for personal injuries sustained by a patron of a... Read more →


Is an Excess Liability Insurer Required to Provide Coverage When the Primary Insurer is Insolvent?

Corporations and property owners faced with toxic tort and environmental claims arising from alleged exposure to toxins spanning many years often need to evaluate insurance coverage available under multiple insurance policies issued by different insurance companies over different years. Issues arise when one or more insurance companies who issued such... Read more →