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Rice Mill Says Hurricane Damage Claims Belong In Court

The owner of Louisiana's largest rice mill is urging a federal court not to force it to arbitrate its multimillion-dollar claim against its insurers for "catastrophic" losses caused by two hurricanes that tore through the region last year, saying an underlying arbitration clause is invalid under state law. ....

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XL Unit Must Cover Spirits Maker In Chemical Release Suits

XL Unit Must Cover Spirits Maker In Chemical Release Suits
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Outlier Decision of New York Appellate Court Denies Insurer's Right to Recoup Defense Costs Even Though Court Found No Duty to Indemnify | Carlton Fields

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Recoupment of defense costs (defense fees and costs) by insurers in the absence of a duty to indemnify under a liability policy is an unsettled issue in many states. In a
recent decision, a New York intermediate appellate court held that even though there was no duty to indemnify an underlying personal injury action under a CGL policy, the insurer could
not recoup the defense costs it had advanced under a reservation of rights (ROR) letter where the policy at issue provided for a duty to defend but did not contain an express contractual provision allowing for the recoupment of such defense costs. This decision, however, by a court for one of four judicial departments in New York, is contrary to other state and federal decisions allowing recoupment under New York law and should be limited to its facts. ....

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Insurer Needn't Cover Forklift Driver In $1M Injury Suit

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Insurer Needn t Cover Forklift Driver In $1M Injury Suit
Law360 (January 6, 2021, 9:47 PM EST) A California federal judge freed Indian Harbor Insurance Co. from having to defend a forklift driver in a $1 million suit alleging he injured a bystander during a forklift parade, finding that the parade is a stunting activity barred by the policy s mobile equipment exclusion.
U.S. District Judge John F. Walter said Monday that Indian Harbor has no duty to defend the forklift driver, but denied the insurer s summary judgment motion regarding its right to deny coverage to the driver s company in the underlying motion. ....

Jason Ashley , Timothy Krehbiel , Johnf Walter , Indian Harbor Insurance Co , Indian Harbor Insurance , Judge John , Indian Harbor , ஜேசன் ஆஷ்லே , தீமோத்தேயு கரெஹபிிேல் , இந்தியன் துறைமுகம் காப்பீடு இணை , இந்தியன் துறைமுகம் காப்பீடு , நீதிபதி ஜான் , இந்தியன் துறைமுகம் ,