Insurer's Agreement To Defend Insufficient; It Must Actually Defend By Immediately And Fully Funding The Insured's Defense.
On July 21, U.S. District Court Judge Claudia Wilken handed insureds a significant victory in a coverage case for Seagate, a computer hard drive manufacturer. Farella represents Seagate in that action. Judge Wilken granted Seagate partial summary judgment on its claim that the Insurance Company of the State of Pennsylvania ("ISOP") breached its duty to defend by delaying in paying and failing to pay defense costs after it had agreed to defend three sets of underlying actions.