Jonathan L. Schwartz Quoted in "Nevada Defense Breach Ruling To Tee Up Damages Battles," Law360
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Jonathan L. Schwartz Quoted in "Nevada Defense Breach Ruling To Tee Up Damages Battles," Law360

December 20, 2018

Jonathan L. Schwartz, a partner in the firm’s Chicago office, commented on a recent ruling by Nevada’s high court for Law360, in which the court ruled that an insurance company can be held liable for “consequential damages” beyond the policy limits if it breaches its duty to defend.

“Ultimately, I have a hard time understanding how the court reached its decision that an excess judgment of this size — multiple times the bargained-for policy limit — could be reasonably contemplated by the parties as a consequence of the insurer not providing a defense,” Jonathan said. “This is part of a trend of increasingly punitive consequences for an insurer not providing a defense, even when the insurer genuinely believed it had no obligation to do so.”

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