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K2 Investment Group, LLC, et al., Respondents-Appellants,v.American Guarantee & Liability Insurance Company, Appellant-Respondent.

Brief

58 Cited authorities

  1. Employers Ins. of Wausau v. Ehlco Liquidating Trust

    186 Ill. 2d 127 (Ill. 1999)   Cited 359 times   3 Legal Analyses
    Holding that the "undisputed facts compel the legal conclusion that Wausau's refusal to defend the Wyoming suit was vexatious and unreasonable as a matter of law"

  2. Frontier Contrs. v. Merchants

    91 N.Y.2d 169 (N.Y. 1997)   Cited 343 times   3 Legal Analyses
    Finding a duty to defend where "Defendants have failed to establish that all of the underlying bodily injury claims satisfy the time and place prerequisites of the [exclusion]"

  3. Mighty Midgets v. Centennial

    47 N.Y.2d 12 (N.Y. 1979)   Cited 490 times   4 Legal Analyses
    Holding that "[i]t is the rule in New York that such a recovery may not be had in an affirmative action brought by an assured to settle its rights"

  4. Lang v. Hanover Ins. Co.

    3 N.Y.3d 350 (N.Y. 2004)   Cited 225 times   7 Legal Analyses
    Holding that "[c]ompliance with these requirements [of Section 3420] is a condition precedent to a direct action against the insurance company"

  5. Servidone Constr. v. Security

    64 N.Y.2d 419 (N.Y. 1985)   Cited 349 times   8 Legal Analyses
    Holding that in New York “an insurer's breach of duty to defend does not create coverage and ... even in cases of negotiated settlements, there can be no duty to indemnify unless there is first a covered loss”

  6. Polaroid Corp. v. the Travelers Indemnity Co.

    414 Mass. 747 (Mass. 1993)   Cited 225 times
    Holding insurer liable for natural consequences of insurer's breach of duty to defend

  7. Servants of Paraclete v. Great American

    866 F. Supp. 1560 (D.N.M. 1994)   Cited 128 times
    Denying motion to consolidate where "actions involve several separate factual issues, parties, and legal questions"

  8. Enserch Corp. v. Shand Morahan Co., Inc.

    952 F.2d 1485 (5th Cir. 1992)   Cited 117 times
    Holding that court is free to disregard findings of advisory jury

  9. Arceneaux v. Amstar Corp.

    66 So. 3d 438 (La. 2011)   Cited 62 times
    Holding waiver requires “conduct so inconsistent with the intent to enforce the right so as to induce a reasonable belief that the right has been relinquished.”

  10. Colon v. Aetna Life & Casualty Insurance

    66 N.Y.2d 6 (N.Y. 1985)   Cited 109 times   2 Legal Analyses
    Holding that, where an insurer conducted its own investigation and concluded that a driver had been operating a vehicle without the owner's consent, but the underlying complaint alleged such consent, the insurer was not permitted to rely on its own investigation to refuse a defense - instead, the insurer should have assumed the defense of the action and sought a "prompt judicial determination, whether by summary judgment, declaratory judgment or otherwise that, contrary to the allegations of the personal injury plaintiff's complaint, the driver actually did lack permission of the insured, and that the insurer is not obligated by its contract of insurance to furnish a defense to the driver"