Tag Archives: Defense Fees

Liability Insurance: The Risks of Denying a Duty to Defend


By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between.  Regardless, insurers should always factor in the potential risks … Continue reading

Posted in ADCF Policy, Bad Faith, Coverage, Duty to Defend, Duty to Indemnify | Tagged , , , , , , , , , , , | Leave a comment

Reducing Defense Costs: “High-Low Coverage Agreements”


I was dusting off some old seminar materials and ran across an article I had written back in 1995 regarding the use of high-low coverage agreements.  In light of the economy and insurer’s efforts to save costs, the article is perhaps even … Continue reading

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Subcontractor Liable for General Contractor’s Pre-Notice Defense Fees


Many states recognize that a liability insurer is not obligated to pay for the defense of a claim until it is notified of the suit. See, e.g., Home Ins. Co. v. National Union Fire Ins. of Pittsburgh, 658 N.W.2d 522, … Continue reading

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(Introduction) Getting a Handle on Large Construction Defect Claims


Having studied, worked with and litigated coverage issues under the commercial general liability (CGL) policy for twenty years, large construction defect claims, particularly those involving commercial and multi-unit residential buildings, pose some of the most complex claims encountered by those … Continue reading

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(Part V) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post (Part V) addresses the obligation of a subcontractor and its commercial general liability (CGL) insurer with regard to the defense … Continue reading

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(Part I) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


Large construction defect claims, particularly those involving commercial and multi-unit residential buildings, present some of the most complex claims encountered by those practicing insurance coverage law. The vast majority of CGL claims involve one insured seeking the protection of the … Continue reading

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Minnesota Adopts “Equitable Contribution” to Apportion Defense Fees


Last week, the Minnesota Supreme Court overruled, finally, the archaic “Iowa National” rule.  Iowa National prohibited a defending liability insurer from seeking contribution or reimbursement of attorney’s fees and costs from other liability insurers who refused to defend.   In Iowa National Mutual Insurance Co. v. Universal … Continue reading

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