Many states allow insurers to recover case costs once a court determines that they had no duty to defend a policy holder, but only where certain conditions are met. In a recent 4-3 decision, the Nevada Supreme Court held that where an insurer pays to defend a policyholder against a lawsuit and that defense is ultimately not owed, the insurer is entitled to reimbursement of its defense costs, even where the insurance policy contains no reservation of rights.

Arizona courts continue to address the interplay between the parties’ competing duties, such as an insurer’s duty to defend, the insurer’s duty to indemnify, and the insured’s duty to cooperate. Where an insurer seeks a reservation of rights, Arizona courts reason that these duties paint an insured into a corner where they should be able to settle third-party claims.

New Mexico courts continue to require insurance companies to afford insureds a fair opportunity to consider the actual cost of UM/UIM coverage by reforming policies that do not accurately reflect premium costs corresponding to available levels of UM/UIM coverage.

Effective August 13, 2021, Oregon law requires masks, face coverings, or face shields in all indoor spaces (but not private residences) in Oregon regardless of vaccination status under Oregon Administrative Rule (OAR) 339-019-1025.

Delaware has two separate trial courts – the Superior Court, which is a trial court of general jurisdiction, and the Court of Chancery, which has limited equitable jurisdiction. This streamlined process was substantially slowed in March 2020, due to the pandemic and the series of orders implementing a judicial emergency during COVID-19. However, on June 29, 2021, Chief Justice Collins J. Seitz, Jr, of the Delaware Supreme Court signed what is hoped to be the final order extending the judicial emergency.

Can a business mandate that its employees be fully vaccinated from COVID-19 as a term of condition to their employment? The short answer is, it depends. The long answer is that a business may mandate that its employees receive the COVID-19 vaccination as long as the policy does not violate any existing statutory or anti-discrimination laws. 

The Delaware Court of Chancery recently explained under what circumstances dual claims will be allowed to proceed for both breach of fiduciary duty and breach of contract in the context of the manager of an LLC allegedly using LLC assets for his personal benefit in a manner not shared by all the other LLC members. In Largo Legacy Group, LLC v. Charles, C.A. No. 2021-MTZ (Del. Ch., June 30, 2021), the court addressed many noteworthy bedrock principles of Delaware commercial litigation.