The Complex Insurance Coverage Reporter

DEFENSE COST REIMBURSEMENT

Cont’l Cas. Co. v. Winder Labs., LLC, 73 F.4th 934 (11th Cir. 2023)

Eleventh Circuit predicts that, under Georgia law, insurers found to have no duty to defend underlying suits could not recoup defense costs from their insureds pursuant to a reservation of rights (ROR) where the GL policies at issue did not provide for reimbursement. The court concluded that the reimbursement provision in the insurers’ ROR letters was not supported by new consideration (since the policies already required the insurers to defend certain suits) and thus did not create a ... Continue Reading

ANTI-ASSIGNMENT CLAUSE

Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022)

Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a liability insurance policy is valid despite lack of insurer consent. The majority believed an insurer’s consent to an assignment after “loss” occurs is not required on the basis that the assignment does not increase the insurer’s risk. It referred to Wisconsin’s “longstanding rule” that an anti-assignment clause in an ... Continue Reading