Insurance
Jan. 5, 2011
An Insurer’s Duty to Defend: A Step in the Right Direction
A state Supreme Court decision expands the duty of a general liability insurer to defend its insured in non-judicial proceedings. By Joan M. Cotkin and Valerie A. Strumwasser of Nossaman.
On Nov. 18, in Ameron International Corp. v. Insurance Company of the State of Pennsylvania, 2010 Cal. LEXIS 11679, the state Supreme Court finally revisited a much criticized decision which had relieved general liability insurers from defending non-judicial proceedings where the policies contained a promise to defend against "suits." This result was due to the Court's imposition of a rather narro...
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