Insurer’s Right to Terminate its Defense Duty is Limited

In ProDriver Leasing Sys. v. Cincinnati Indem. Co., No. 16-CV-995-JPS, 2017 U.S. Dist. LEXIS 161529 (E.D. Wis. Sep. 29, 2017), Cincinnati Insurance Company sought to stop defending its insured. It claimed that facts came to light during its defense of a trademark infringement lawsuit through “independent counsel” it selected under Wisconsin law that eliminated its…

Contractual Liability Exclusion Bars Coverage Beyond Narrow Circumstances

Gilbert Texas Constr., L.P. v. Underwriters at Lloyd’s London, 327 S.W.3d 118, 130 (Tex. 2010) CONTRACTUAL LIABILTY EXCLUSION BARS COVERAGE BEYOND NARROW CIRCUMSTANCES WHERE THE INSURED ASSUMES LIABILITY OF ANOTHER PERSON EXCEPTED The underwriter’s interpretation of the policy was the only reasonable one. Its scope was not limited to indemnity and hold harmless…

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Insurer’s Right to Terminate its Defense Duty is Limited

Contractual Liability Exclusion Bars Coverage Beyond Narrow Circumstances