Monday, January 11, 2010

Coblentz Agreements, Duty To Defend, Duty To Indemnify & Coverage Issues

In Sinni v Scottsdale Insurance Company, the court entered an opinion granting summary judgment to the defendant.  The case involved an "insurance dispute arises out of a slip-and-fall suit that culminated in a Coblentz agreement."
In certain circumstances, where an insurer has wrongfully refused to defend its insured and there is coverage under the policy, the insurer may be bound by the terms of a negotiated final consent judgment entered against its insured. See generally Coblentz v. Am. Sur. Co. of N.Y., 416 F.2d 1059 (5th Cir. 1969) and its progeny.
In addition to discussing coblentz agreements and what they are, the court discusses an insurer's duty to defend, an insurer's duty to indemnify and general coverage issues.  The opinion is interesting and is below:
Sinni v Scottsdale Insurance, Summary Judgment Order


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