Tag Archives: breach

Pleading Standards and Consequential Damages In Coverage Disputes

When a policyholder sues its carrier for breach of contract or bad faith, one question that arises is whether the policyholder should have to plead alleged damages with particularity, or whether the policyholder can sustain its claims with less specific allegations.  A New York appellate court recently declined to impose that higher, particularity standard.… Continue Reading

Settling in Excess of Policy Limits May Still Result in Liability to Other Insurer

Applying Florida law, the Eleventh Circuit has held that a liability insurer that settled, for more than its policy limits, a tort claim against its named insured was liable for breach of contract to a second insurer that defended another insured for the same occurrence and also settled above its policy limits.  Nova Cas. Co. … Continue Reading
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