Insurance Update

Our July Insurance Update features three cases from state high courts.

• The Massachusetts Supreme Judicial Court, on certified question from the First Circuit, addresses whether the duty to defend (or pay defense costs) includes the costs to prosecute the insured’s counterclaims.
• The Texas Supreme Court considers whether the underlying proceeding was sufficiently adversarial when assessing an assignment of insurance rights to the claimant.
• The West Virginia Supreme Court of Appeals, in a case of first impression, decides whether an earth movement exclusion applies to both natural and man-made landslides.

Two of the remaining cases, one by the Sixth Circuit and the other by the New Jersey Appellate Division, discuss the “insured versus insured” exclusion.  In the last case, a California federal district court considers whether a gas station owner’s claim is barred by the negligent work exclusion.

To view the complete Update, Click Here.