Nandorf, Inc. v. CNA Insurance Companies

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in conflict situations, “the insurer’s obligation to defend is satisfied by reimbursing the insured for the costs of independent counsel”
• concluding that a conflict of interest would arise where an insurer lacks incentive to defend its insured on a portion of the claims that appear not to be covered by the policy and has “an interest in providing a less than vigorous defense”
• noting that in conflict situations, \the insurer's obligation to defend is satisfied by reimbursing the insured for the costs of independent counsel\
• finding that a settlement favorable to the insured did not justify exercising hindsight to negate the existence of a conflict of interest
• declining to find insured’s declaratory action regarding coverage for punitive damages premature, because waiting until' after the imposition of judgment would be substantially prejudicial
• “Generally, the insurer’s duty to defend includes the right to assume control of the litigation.”

Source: CourtListener parenthetical corpus (CC0).