Though the judges of the Eleventh Circuit ruled the insurer was bound to defend the insured, they said it was too early to determine the duty to indemnify.
In some cases, whether a particular situation requires disclosure to an insurer may fall within a gray area for which consultation with counsel is recommended.
The case law on this topic is divergent, a trend that will likely continue with different courts applying different interpretations of insurance policies.
With a 14 percent increase in captive registrations in 2021, recent legal activity reveals the importance of structuring and implementing captives correctly.