On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The Hanover Insurance Company, the court held that The Hanover Insurance Company (the insurer) has no duty to defend Innovak International, Inc. (the
Duty to Defend
The Professional Services Exclusion: You May Not Have the Coverage You Think
Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think.
A recent unpublished Eleventh Circuit opinion provides a reminder that it is important to review your CGL policy and understand whether you are covered. The facts upon which the…
Fifth Circuit Holds that Insurer’s Payment to Insured’s Independent Counsel Erodes Policy Limits
A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your policy limits.
When an insurer accepts coverage of a liability claim, the insurer typically has the right to choose counsel…