Picadio Sneath Miller & Norton, P.C.

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Posts tagged "Duty to Indemnify"

PA Superior Court Holds Statute of Limitations Begins to Run for Insurers' Declaratory Judgment Actions When Insurer Has Sufficient Factual Basis to Support its Determination

Western District of Washington Decision Enforces "Violation of Statutes" Exclusion to Preclude Coverage for Underlying Class Action Alleging Improper Disclosure of Customer Information by Insured

Third Circuit Holds that Claims Stemming from Unsolicited Fax Advertisements that Allegedly Violated the Telephone Consumer Protection Act Are Not Covered Under a Commercial General Liability Policy

Pennsylvania Insurance Law 101--Insurance Company's Responsibilities Under a Liability Insurance Policy: Duty to Defend and Duty to Indemnify

An insurance company's responsibilities to its insureds are defined by the insurance contract, statutes and regulations. Case law further refines an insurer's duties. The primary responsibilities of the insurer defined by the insurance contract are the duty to defend and the duty to indemnify.BrandonMcCullough--Insurance Blog Photo 2.jpg

Pennsylvania Superior Court Issues Significant Ruling Regarding Insurer's Duty To indemnify Unauthorized Settlement Made By Insured Being Defended Under A Reservation Of Rights

In what is certainly going to prove to be a significant decision that affects the landscape for insurers and insureds alike, the Pennsylvania Superior Court recently issued an opinion addressing the legal standard to be applied when evaluating an insurer's duty to indemnify an insured for an unauthorized settlement made by the insured while being defended under a reservation of rights. In Babcock & Wilcox Co. v. Am. Nuclear Insurers & Mut. Atomic Energy Liab. Underwriters, 2013 Pa. Super. LEXIS 1630 at *6-7 (Pa. Super. June 10, 2013), the court was called on to decide whether the settlement should be evaluated under the "bad faith" standard articulated in Cowden v. Aetna Casualty and Surety Co., 134 A.2d 223 (Pa. 1957), or the "fair and reasonable" standard formulated in Alfiero v. Berks Mutual Leasing Co., 500 A.2d 169 (Pa. Super. 1985).

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