Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Category Archives: Coverage Litigation – Declaratory Judgment Actions

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Minnesota Federal Court Rejects First to File Rule and Transfers Coverage Litigation to Washington Despite Issuance of Policy in Minnesota

Posted in Coverage Litigation - Declaratory Judgment Actions
The United States District Court for the District of Minnesota has held that a coverage dispute must be transferred to federal court in Washington, in deference to the insured’s later-filed coverage action pending in that court. Everest Indem. Ins. Co. v. Ro, 2016 WL 4007578 (D. Minn. Jul. 26, 2016). The court also concluded that,… Continue Reading

Declaratory Judgment Complaint Not Subject to Insurer’s Motion to Dismiss Based on Conversion of Funds Exclusion

Posted in Coverage Litigation - Declaratory Judgment Actions, Exclusion lead-in language (Arising out of)
A New Jersey federal district court has held that a declaratory judgment and breach of contract action against a professional liability insurer was not subject to dismissal for failure to state a claim based on the policy’s conversion of funds exclusion as a matter of law because the court could not conclude whether conversion occurred,… Continue Reading

Insurer’s Declaratory Judgment Action Stays in Federal Court Despite Parallel State Court Proceeding Initiated by Insured

Posted in Coverage Litigation - Declaratory Judgment Actions, Other Insurance
A federal district court in Virginia has denied an insured’s motion to dismiss or stay an insurer’s declaratory judgment coverage action in favor of the insured’s parallel state court coverage action, citing the insured’s earlier praise of the federal court as the “superior forum” for the dozens of underlying suits filed against the insured. Liberty… Continue Reading

Claimant Who Successfully Establishes Coverage But Loses Liability Suit Is a “Prevailing Party” for New Jersey’s Fee Statute

Posted in Coverage Litigation - Declaratory Judgment Actions
The New Jersey Supreme Court has held that a third-party claimant who steps into the insured’s shoes to establish a liability insurer’s duty to defend is entitled to its attorneys’ fees under New Jersey law, even if the claimant does not ultimately recover from the insured. Occhifinto v. Olivo Construction Co., Case No. A-77-13, 07-13,… Continue Reading

Federal Court Declines to Put Coverage Litigation on Hold

Posted in Coverage Litigation - Declaratory Judgment Actions
A federal district court in Washington has denied two insureds’ motions to abstain or stay a declaratory judgment action brought by their insurer, finding that concurrent adjudication would not require duplicative factual or legal determinations nor prejudice the insureds’ underlying defense.  Evanston Ins. Co. v. Workland & Witherspoon, PLLC, 2014 WL 4715879 (E.D. Wash. Sept.… Continue Reading