Scott Seaman Discusses The Biggest General Liability Insurance Decisions Of 2021
In a recent Law360 article, partner Scott Seaman—co-chair of the firm's global Insurance Services Practice Group—reviews some of the biggest general liability insurance decisions of the past year. Seaman reviewed both the Ninth Circuit decision in Adir International LLC et al. v. Starr Indemnity and Liability Co., and the Nevada Supreme Court decision in Nautilus Insurance Co. v. Access Medical LLC et al.
Regarding Starr Indemnity, Seaman noted that recoupment is permitted under California law and that the insurers policy included an endorsement allowing the insurer to recover defense costs. He also stated he couldn't recall another instance in which the prosecutor informed the insurer it could not defend a policyholder.
Seaman said the majority's opinion in Nautilus mirrored a trend that is popping up across the nation: "Like the majority of opinions across the country, the majority here said recoupment of costs for defense of claims where there is no coverage is allowed as long as the insurer properly reserved its rights."
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"The Biggest General Liability Insurance Decision of 2021" was published by Law360, December 20, 2021.