Insurance Claims

CGL COVERAGE – MULTIPLE “OCCURRENCES” PROVIDE COVERAGE FOR MULTIPLE “LIMITS”

By: Stearns, Roberts & Guttentag, LLC Typically, CGL policies provide a “limit” for each occurrence. Therefore, the question arises as to whether a single “occurrence” or multiple “occurrences” exist for damages arising under a breach of contract. In Mid-Continent Cas. Co. v. Basdeo, 2012 WL 2094376 (11th Cir. June 12, 2012), the Eleventh Circuit held […]

COURTS READ EACH INSURANCE POLICY AS WHOLE IN DETERMINING WHETHER COVERAGE EXISTS

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Insurance policies are required to specify terms such as the names of the parties, the subject of the insurance, the risks insured against, the term of the policy, the premium, and the conditions pertaining to the insurance.  Insurance policies also contain exclusions defining circumstances under […]

INSURER HAS DUTY TO DEFEND ENTIRE SUIT EVEN WHEN ONLY SOME CLAIMS FALL WITHIN COVERAGE

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC An insurer’s duty to defend its insured against a legal action arises when the complaint alleges facts that potentially bring the suit within policy coverage. When a complaint alleges facts showing two or more grounds for liability, one being within […]