Commercial General Liability Dispatch

Courts Explain California Choice Of Law Principles In Recent Cases

This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s… Continue Reading →

WA Supreme Court Held Agent’s Representations in Certificate of Liability Insurance Bound Insurance Company Despite Conflicting Policy Language

In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound… Continue Reading →

Number of Occurrences for Toxic Torts

In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →

Illinois Federal Court Finds Coverage For Opioid Settlement

In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of… Continue Reading →

Illinois Court Finds Insurers Owe No “Defense” To Insured For Pre-Suit Mediation

In Illinois Tool Works, Inc. v. Ace Specialty Ins. Co., 2019 IL App (1st) 181945, the Illinois Appellate Court upheld the lower court’s grant of partial summary judgment to two insurance companies holding that the insurers had no duty to… Continue Reading →

Missouri Court Holds No Coverage For Wrongful Installation Of Fiber Optic Cable On Easement

In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical… Continue Reading →

First Circuit Sinks Its Teeth Into Application Of Intellectual Property Exclusion, Finding It Precludes Coverage For Suit Between Dental Product Competitors

In Sterngold Dental, LLC v. HDI Global Insurance Company, ___ F.3d___, 2019 WL 2754185 (1st Cir. 2019), the First Circuit was presented the opportunity to address how to construe “the scope of the so-called intellectual property exclusion (IP exclusion) to the… Continue Reading →

No Day at the Beach – 4th Circuit: Exclusion Does Not Bar Coverage in Dispute Between Purveyors of Beach Merchandise

In Penn National Mutual Casualty Insurance Company v. Beach Mart, Inc., — F.3d —-, 2019 WL 3483167  (4th Circ. Aug. 1, 2019) (North Carolina law), the Fourth Circuit Court of Appeals reversed and remanded a decision of the United States… Continue Reading →

PA Federal Court Finds Liquor Liability Exclusion Unambiguous

UPDATE: The Third Circuit recently affirmed the United States District Court for the Eastern District of Pennsylvania in Transportation Ins. Co v. Heathland Hosp. Group LLC, — Fed. Appx. —-, 2019 WL 3383876, at *1 (3d Cir. July 26, 2019),… Continue Reading →

Pennsylvania Superior Court Holds Flood Constitutes An “Occurrence”

In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim… Continue Reading →

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