Duty to Defend
QBE Insurance Corporation v. The Eighth Judicial District Court of the State of Nevada and Lamplight Village @ Centennial Springs Homeowners Association
Year: 2022
Court: Nevada Supreme Court
Case Number: 84181
Issue:
  • Duty to Defend
State:
  • Nevada

In its amicus curiae brief, United Policyholders addresses the special and ongoing obligations imposed on an insurance company that has undertaken the legal defense of its insured in an underlying tort lawsuit.
Lionbridge Technologies, LLC v. Valley Forge Insurance Co.
Year: 2021
Court: United States Court of Appeals for the First Circuit
Case Number: 21-1698
Issue:
  • Attorney Client Privilege
  • Common Interest Doctrine
  • Duty to Defend
State:
  • Massachusetts

In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…
Auto-Owners Insurance Company v. Bolt Factory Lofts Owners Association Inc.
Year: 2020
Court: Colorado Supreme Court
Case Number: 16CV33608
Issue:
  • Duty to Defend
State:
  • Colorado

In its brief, UP requests that the Colorado Supreme Court affirm the decision of the Court of Appeal. UP argued that in exercising its right and duty to defend its policyholder, an insurance company must conduct the defense in the best interest of the policyholder.…
2130 Leavenworth Homeowners Association vs. State Farm Insurance Company
Year: 2005
Court: California Supreme Court
Case Number: A109367
Issue:
  • Duty to Defend
State:
  • California

Request for Rehearing–UP argued that the Court of Appeal improperly ignored the State Farm policy language obligating the insurer to defend both claims and suits. By ignoring this language the First District violated the rule in California that “insurance contracts are construed to avoid rendering…
Callas Enterprises vs. The Travelers Indemnity Company of America
Year: 1998
Court: U.S. Court of Appeals, 8th Circuit
Case Number: 98-3802
Issue:
  • Duty to Defend
State:
  • Minnesota

Insurers are obligated to pay defense costs for tortuous allegations in a complaint where distinct claims for an intellectual property tort is alleged along with a breach of contract claim.
Buss, Jerry H. and California Sports, Inc. vs. Superior Court State of California
Year: 1996
Court: California Supreme Court
Case Number: S052844
Issue:
  • Duty to Defend
State:
  • California

Under California law an insurer has a duty to defend the entire case as long as there is a potential for coverage of even one claim. Insurer can request an allocation of costs after defense is complete. Allocation—covered vs. uncovered.
Blue Ridge v. Jacobsen
Year: 2000
Court: California Supreme Court
Case Number: 98-55052
Issue:
  • Duty to Defend
State:
  • California

Letter brief requesting rehearing–scope of duty to defend
Delgado vs. Interinsurance Exchange of the Automobile Club of Southern California
Year: 2007
Court: California Supreme Court
Case Number: S155129
Issue:
  • Duty to Defend
State:
  • California

This case concerns the proper scope of an insurer’s duty to defend its insured in circumstances indicating that the insured may have acted in self-defense. United Policyholders takes the position that whenever the lawsuit contains factual allegations or extrinsic evidence from which the insurer can…
Continental Casualty Company vs. Superior Court (Paragon Homes, Inc.)
Year: 2000
Court: California Supreme Court
Case Number: S101679, Appellate Case #B147084
Issue:
  • Duty to Defend
State:
  • California

UP filed a letter brief requesting review or depublication. UP supported position that the underlying allegations determine both coverage and the duty to defend regardless of how they may be labeled.
Cold Creek Compost, Inc., et.al vs. State Farm Fire & Casualty
Year: 2005
Court: California Court of Appeal
Case Number: A114623
Issue:
  • Duty to Defend
  • Pollution Exclusion and Coverages
State:
  • California

This case involves the proper scope and application of the “reasonable expectations doctrine.” Composting facilities create offensive odors in the ordinary course of business by composting mainly “green materials.” A reasonable policyholder under these circumstances would not consider the odors produced by its operations to…
Employers Insurance of Wausau vs. City of Waukegan, Illinois
Year: 1997
Court: Illinois Appellate Court, 2nd District
Case Number: 2-97-0606, 2-97-0901
Issue:
  • Duty to Defend
State:
  • Illinois

The duty to defend should be determined solely from the allegations appearing on the face of the complaint. In determining whether or not the insurance company has the duty to defend, the trial court cannot examine testimony, depositions, affidavits or other documents.
The Downey Venture vs. LMI Insurance Company
Year: 1996
Court: California Court of Appeal, 2nd District, Division 3
Case Number:
Issue:
  • Duty to Defend
State:
  • California

Duty to defend; Torts
Hyundai Motor America vs. National Union Fire Insurance Company
Year: 2008
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 08-56527
Issue:
  • Duty to Defend
State:
  • California

The district court erroneously held that “advertising injury” insured under the CGL Policies at issue did not include “an injury caused by patent infringement even if that injury occurs during the course of an advertising activity.” The district court also failed to properly apply the…
Harleysville Mutual Insurance Company vs. Buzz Off Insect Shield
Year: 2008
Court: North Carolina Supreme Court
Case Number: 272A08
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • North Carolina

The policyholder’s ultimate liability has no bearing on the determination of whether an insurance company must defend the policyholder against a suit for “personal injury advertising injury.” Whether an insurance company has a duty to defend depends solely on the allegations contained in the underlying…
Padilla Construction Company, Inc., v. Transportation Insurance Company
Year: 2006
Court: California Court of Appeal, 4th District, Division 3
Case Number: G036451
Issue:
  • Duty to Defend
State:
  • California

Request for modification of previous decision. The CGL policies at issue potentially cover all damages because of the property damage alleged in the Padilla lawsuit, including property damage that may have occurred prior to inception of the Stage 4 Primary Insurer’s policies. Therefore, the Padilla…
Penzer, Michael, etc. vs. Transportation Insurance Company
Year: 2007
Court: Florida Supreme Court
Case Number: SC08-2068, Lower Court Case No.: 07-13827-FF
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • Florida

Insurance companies have a duty to defend violations of the Telephone Consumer Protection Act (TCPA) under a CGL policy’s “advertising injury” clause even when the facsimile transmission does not disseminate private information. Despite the absence of private information, an unsolicited facsimile arguably can still constitute…
Peerless Lighting Company v. American Motorists Ins. Co.
Year: 1999
Court: California Court of Appeal, 1st District
Case Number: AO 82975, AO83487, AO84373
Issue:
  • Duty to Defend
State:
  • California

Request to Grant Petition for Review. Duty to Defend Case. UP supported the position that the duty to defend attaches as soon as there is a possibility that the allegations of the complaint fall within the coverage of the policy.
Rocky Cola Café vs. Golden Eagle
Year: 2002
Court: California Supreme Court
Case Number: S117935
Issue:
  • Duty to Defend
State:
  • California

There is no authority for an insurer who provides a litigation defense to seek TOTAL reimbursement of all funds on grounds that it never had a duty to defend in the first place.