A couple of weeks ago, we got a nice result ($13 million verdict) following a three-month trial in BASF Catalysts, LLC v. Allstate Insurance Company, one of the last great complex environmental coverage beasts. We had the pleasure of co-counseling the matter with Dave Oberdick and his team from the Pittsburgh, PA firm of Meyer
February 2011
The insurance company’s duty to pay for settlement following denial of coverage
By Gene Killian on
Posted in Duty to defend, Settlement
I’m currently preparing to try another coverage case. This one involves the question of whether an insurance company, having denied a defense outright, can later second-guess the amount of defense costs and settlement paid by the policyholder out of its own pocket.
In preparing the case, I came across an interesting opinion written by the…