Illinois Court Finds No Breach in Insurance Company’s Decision Not to Defend

Last week, the Illinois Appellate Court affirmed the lower court’s ruling in Illinois Emcasco Insurance Company v. Nationwide Mutual Insurance that Emcasco did not breach its duty to defend a construction contractor against a personal injury suit. This appellate court panel did, however, reverse the lower court’s ruling that Nationwide Mutual Insurance Company breached its duty to settle this personal injury suit within its policy limits. The underlying injury lawsuit stemmed from a 1998 construction accident filed against Triumph Development
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Under Virginia Law, Despite the Separation of Insureds Provision, Insurer has No Duty to Defend Suit Alleging Insured is Liable Under Respondeat Superior for Intentional Acts of Agent

On July 10, 2015, the Fourth Circuit Court of Appeals held that an insurer had no duty to defend the insured university in a suit alleging that the insured participated in a kidnapping plot. The court found that the insurer had no duty to defend because the suit was based on the intentional acts of the insured’s employees. In this case, the plaintiff alleged that the insured participated in a plot to kidnap the student in order to remove the
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Duty to Defend Long Latency Cases Not Ratable Says Louisiana’s 4th Circuit: Insurer Who Insured 26 Months of 60-Year Exposure Period Must Defend Entire Case

Arceneaux v. Amstar Corp., 2015 WL 798980 (La. App. 4 Cir. 2015). The Louisiana Court of Appeals 4th Circuit, faced with an issue of first impression, decided not to prorate an insurer’s duty to defend in long latency disease cases. In the underlying tort litigation, three separate groups of plaintiffs brought claims against American Sugar Refineries and its predecessor, Tate & Lyle North American Sugars, Inc., claiming occupational hearing loss from industrial noise while working in the defendant’s refinery over
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