In the «trigger issue» litigation insurers now challenge the claimants» right to enforce
a judgment against an insurer.
In the case that you do win
a judgment against an insurer, they can be required to reimburse your legal costs.
Not exact matches
Our team of insurance coverage attorneys has advised individuals and businesses about insurance coverage issues including insurance policy coverage opinions, declaratory
judgments on policy coverage and defense of
insurers against breach of contract and bad faith claims.
The NFL filed a declaratory
judgment action
against 32 liability
insurers in California concerning the
insurers» duties to defend and indemnify the league for claims of its former players resulting from neurologic injuries suffered by players during their playing careers.
In the coverage action, the plaintiffs were successful in obtaining summary
judgment against the defendant
insurer requiring the payment of damages, costs and interest in the underlying action.
The
insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly
against the defendant
insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the
judgment.
Declaratory
judgment action included claims
against insurer for alleged violation of consumer protection law, in addition to dispute over the
insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.
In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the
judgment for damages
against a defendant
insurer.
(b) When a claim is made
against the condominium corporation and / or directors, the condominium's
insurer may have a duty to defend the claim (and may have a duty to pay any
judgment).
The
judgment will do nothing to quell the worry amongst professional indemnity
insurers (and some solicitors) that there is likely to be an increase in the number of professional negligence claims
against solicitors arising from the way in which historic personal injury cases have been conducted.
When a party is injured in an accident, usually there is an
insurer who will provide a defense to the claim and ultimately will provide the funds to pay a
judgment or settlement
against the party who is responsible for the accident and for the injuries sustained by the claimant.
One of our lawyers has, as leading counsel, obtained summary
judgment for an
insurer against a plaintiff alleging automobile injury.
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary
judgment on claims by
insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify
insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.
The Pennsylvania Superior Court reversed the ruling of the trial court and awarded a
judgment notwithstanding the verdict, vacating a large verdict
against Kim's client, a mutual insurance company, on the basis that the
insurer's conduct in handling a fire damage claim did not constitute bad faith as a matter of law.
(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both
insurers and employees and agents of the
insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims
against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English
judgment in Greece under the
Judgments Regulation.
Allen's representative work includes the successful defense of a multi-million dollar insurance coverage and rescission suit by Lloyd's of London; dismissal of a six - figure claim for retroactive premiums
against the St. John Community Development Center; summary
judgments (affirmed on appeal)
against Essex Insurance Company and Liberty Mutual Fire Insurance Company for breach of their respective insurance contracts; trial verdicts
against Allstate Fire and Casualty Insurance Company and Liberty Mutual for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and
insurer bad faith).
In Richardson East Baptist Church v. Philadelphia Indemnity Insurance Co., [36] the insured appealed the trial court's
judgment that it take nothing on its claims
against the
insurer.
Al Safat (2014): Anti suit injunction
against Kuwaiti
insurers in respect of commencement of proceedings in non-contractual forum raising issues of enforceability of the forum selection clause in the bill of lading as a matter of Kuwaiti law and effect of Article 23 of the
Judgments Regulation.
California
insurers providing this coverage help those who live in rentals to insure their personal property
against losses from a number of different causes and also protect themselves
against the threat of liability
judgments inside and outside of the rental dwelling.
The insurance regulator, Irda, on the basis of a Supreme Court
judgment, had asked general
insurers to increase their reserve requirement
against third party claims in 2011 - 12.
(l) A party injured by an uninsured motor vehicle covered under a policy in amounts less than those set forth in G.S. 20 - 279.5, may execute a contractual covenant not to enforce
against the owner, operator, or maintainer of the uninsured vehicle any
judgment that exceeds the liability policy limits, as consideration for payment of any applicable policy limits by the
insurer where
judgment exceeds the policy limits.
Your
insurer would not only have covered the
judgment against you, but also would have furnished a legal team to defend you.
If you do not have Elmhurst renters insurance, the landlords
insurer will use the full power of the Illinois courts to obtain a
judgment against you for the cost of repairing the unit.