Pendergest-Holt, Laura, Stanford, R. Allen, Lopez, Gilbert Jr. and Kuhrt, Mark vs. Certain Underwriters at Lloyd’s of London and Arch Specialty Insurance Company
Year 2009
Court U.S. Court of Appeals, 5th Circuit
Case Number 10-20069 (US 5th Cir. Court of Appeals) 4:09-cv-03712 (US Dist. Court for the Southern Dist. Tex.)
Issue
  • Duty to pay defense costs
State
  • Texas

The application of the “eight corners” rule to an insurers duty to advance defense costs in a “Directors and Officers” context. UP presented arguments to the court to show how the carriers position would defeat the purpose of D&O coverage.

Related Docs
Author UP's brief was written pro bono by John Berringer, Timothy P. Law, Jill N. Averett and John N. Ellison of Reed Smith, LLP.
Related Cases
Ashland Hospital Corporation D/B/A King’s Daughters Medical Center, et al. v. Darwin Select Insurance Co., et al.
Year: 2021
Court: Kentucky Supreme Court
Case Number: 2020-SC-0260-D
Issue:
  • Duty to pay defense costs
State:
  • Kentucky

In its amicus curiae brief, UP supports an insured Kentucky hospital that was ordered to reimburse its insurer for legal fees previously paid by the insurer to defend the hospital in underlying lawsuits. UP’s brief argued: (1) procedurally, the lower court lacked the authority to…
Pendergest-Holt, Laura, Stanford, R. Allen, Lopez, Gilbert Jr. and Kuhrt, Mark vs. Certain Underwriters at Lloyd’s of London and Arch Specialty Insurance Company
Year: 2009
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 10-20069 (US 5th Cir. Court of Appeals) 4:09-cv-03712 (US Dist. Court for the Southern Dist. Tex.)
Issue:
  • Duty to pay defense costs
State:
  • Texas

The application of the “eight corners” rule to an insurers duty to advance defense costs in a “Directors and Officers” context. UP presented arguments to the court to show how the carriers position would defeat the purpose of D&O coverage.