Shockingly, New York to date had not definitely addressed whether an insurer, which did not reserve its right to recoup fees expended in defending, settling, or indemnifying an insured, could do so where it established no potential coverage. In General Star Indem. Co. v. Driven Sports, Inc., No 14-CV-3579 (JFB)(ARL), 2015 U.S. Dist. LEXIS 7966…
DO “BURIED TREASURES” EXIST? Part Three of a Three Part Series Ascertaining Whether Buried Treasure Exists Requires a Five-Part Analysis These issues include: 1. Did the company give notice to the insurers on risk as of the date of the first alleged “wrongful act” as well as all subsequent carriers and those at higher levels…
Housing Group v. PMA Capital Ins. Co., 123 Cal. Rptr. 3d 603, 609 (2011) The court equated a failure to defend with a denial of a defense because it evidenced non-performance precluding it from securing a right to arbitrate a dispute over the reasonableness of rates under Cal. Civ. Code §2860(c), citing Atmel Corp. v.…
Gauntlett on IP Insurance 