Duty to pay defense costs Archives - United Policyholders

Duty to pay defense costs

Duty to pay defense costs

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.