Tag Archives: dutytodefend

New York Appellate Court Concludes That Insurer Waived Coverage Defense by Failing to Timely Deny Coverage

Courts in many jurisdictions generally recognize that coverage for an otherwise uncovered claim cannot be created through the doctrine of waiver.  A New York appellate court has recently taken a different approach. In Titan Indus. Servs. Corp. v. Navigators Ins. Co., 2024 NY Slip Op 00041 (App. Div. Jan. 4, 2024), the New York ... Read More

Texas High Court: Extrinsic Evidence Permissible in Limited Exception to Eight-Corners Rule

In a decision issued on February 11, 2022, the Texas Supreme Court, responding to a certified question from the United States Court of Appeals for the Fifth Circuit, held that extrinsic evidence can be considered in determining an insurer’s duty to defend in limited circumstances. In Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp., the United States Court of Appeals ... Read More