In this bonus episode, attorney Laura Dowgin joins us to discuss the Latest Chapter of Smedley and the principle that the duty to defend is broader than the duty to indemnify.

Laura shares her thoughts on how that principle practically plays out for insurance companies and defense counsel in actual cases in New York and New Jersey. She also explains New Jersey's unique take on this principle, which I think is fascinating.

In this third episode of Tales From Insurance Land, we look back to the growth of Hartford, Connecticut, as one of the leading centers of insurance in the United States. By the 1870s, Hartford’s place on the insurance stage was so prominent that it drew the attention of the then-famous English insurance writer Cornelius Walford, author of the multi-volume Insurance Cyclopædia. Walford visited Hartford in October 1874 and gave what was supposed to be a legendary speech to the local insurance luminaries about the industry. But as fate would have it, none other than Mark Twain was there to give a rebuttal.

In this second episode of Tales From Insurance Land, we examine the origins of the fundamental principle of liability insurance: the duty to defend is broader than the duty to indemnify. We focus in particular on a relatively obscure insurance coverage decision from the Connecticut Supreme Court, Smedley Co. v. Employers Mutual Liability Ins. Co., 143 Conn. 510, 123 A.2d 755 (1956), where, I believe, this principle was first expressed in its modern form. And we talk about ice cream. A lot. 🍦

In this bonus episode, attorney Kathryn Anderson joins us to discuss the Latest Chapter of Stowers and what the doctrine means for insurance companies and their defense and coverage counsel in current date Texas.

In this first episode of Tales From Insurance Land, we examine the Texas Court of Appeals’ landmark decision in G.A. Stowers Furniture Co. v. Am. Indem. Co., 15 S.W.2d 544 (Tex. Civ. App. 1929). The decision was one of the first in the country to impose extra-contractual liability on an insurance company when it fails to settle a liability claim that it should settle. We will walk through the facts and circumstances of this case, and you will get to hear the parties, witnesses, lawyers and claims professionals involved tell what happened from their unique perspectives. In listening to this story, you hopefully will get a better idea of why courts sometimes impose extra-contractual liability on insurance companies in these situations.

Here is a brief introduction of my new podcast, Tales From Insurance Land. Full episodes start in January 2024. See you then!