Insurance Law Alert
The recent Seventh Circuit decision, Turubchuk v. Southern Illinois Asphalt Co., et al., No. 18 – 3507 (7th Cir. 2020), addressed the disclosure of available insurance coverage in discovery responses. The case presents a good defense result in an unusual set of facts but is a reminder about the perils of providing incorrect insurance coverage Continue Reading »
In Construction Site Insurance Coverage Dispute, Silence on Subcontractor’s Potential Negligence Sufficient to Create Duty to Defend
Overview: The general contractor for a construction project at a corporate office site hired a subcontractor to work on escalators at the construction project. The subcontract agreement required that the subcontractor name the general contractor and the owner of the corporate office as additional insureds under its insurance policy. Subsequently, an employee of the subcontractor Continue Reading »
On March 15, 2018, the United States Court of Appeals for the Seventh Circuit issued its opinion in Hyland v. Liberty Mutual Fire Insurance Company, Case No. 17-2712. In Hyland, the dispute involved insurer liability — the amount an insurance carrier was responsible to pay where the insurer denied coverage without seeking a declaratory judgment Continue Reading »
Can The Underlying Plaintiff Collect More Than The Amount of the Underlying Judgment in Third Party Failure to Settle Cases?
In the typical third party bad faith case, the underlying plaintiff’s attorney makes a policy limits settlement demand, the insurer does not agree to pay its limits, or does not do so in the time the plaintiff’s attorney thinks it should, and the plaintiff then obtains a verdict substantially in excess of the policy limits. Continue Reading »