Commercial General Liability Dispatch

Four 2020 Cases Address Abuse Exclusions

Thus far in 2020, there have been several reported insurance coverage cases addressing “abuse” exclusions. Dorchester Mutual Ins. Co. v. Krusell, 150 N.E.3d 731 (Mass. 2020); Atain Specialty Ins. Co. v. Armory Studios, LLC, — Fed.Appx. —- (9th Cir. Aug. 13,… Continue Reading →

Holding: Employer’s Insurer Owes Duty to Defend Additional Insureds Despite That Employer Was Not Named as a Defendant in Original Complaint Under Illinois Law

The U.S. Court of Appeals for the Seventh Circuit ruled in Scottsdale Insurance Company v. Columbia Insurance Group, Inc., No. 19-3315 (7th Cir. Aug. 26 2020) (Illinois law), that the United States District Court for the Northern District of Illinois did… Continue Reading →

New 50-State Survey: Application of Pollution Exclusion in First-Party Property Insurance Policies

Click here to download our new 50-State Survey: Application of Pollution Exclusion in First-Party Property Insurance Policies. Disclaimer: This survey is for general information only and is not intended to provide and should not be relied upon exclusively for legal… Continue Reading →

Ohio Court: Insurer Owes Duty To Defend Opioid Claim

In Acuity v. Masters Pharmaceutical, Inc., 2020 WL 3446652, 220 -Ohio- 3440 (Ohio. Ct. App. June 24, 2020), the court held that an insurer owed a duty to defend claims by government entities against an insured wholesale pharmaceutical distributor, concluding the… Continue Reading →

Ohio Supreme Court Declines To Apply “All Sums” Rule

In Lubrizol Advanced Materials, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2020 WL 1943212, — N.E.3d —- (2020), the Ohio Supreme Court addressed the certified question of “whether an insured is permitted to seek full and complete… Continue Reading →

The Illinois Appellate Court and the Right to Independent Counsel

While the Illinois COVID-19 stay-at-home order continues to keep everyone at home, the First District of the Illinois Appellate Court has been busy. The Court issued two decisions concerning the right to independent counsel and when there may be a… Continue Reading →

“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” Of Personal Information

In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’… Continue Reading →

California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement

In Certain Underwriters at Lloyd’s of London et al. v. ConAgra Grocery Products Company, et al. San Francisco County Superior Court, Case No. CGC-14-53673, a San Francisco Superior Court recently ruled that ConAgra’s insurers are not required to pay its $102 million… Continue Reading →

Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim

Last week, we wrote about the Illinois Supreme Court’s decision late last year, holding that insurance coverage for malicious prosecution was triggered when the insureds’ wrongful conduct occurred rather than when the underlying claimant was exonerated.  Earlier this year, the… Continue Reading →

Illinois Supreme Court Decides Trigger of Coverage for Malicious Prosecution Coverage Claims

Commercial general liability insurance policies typically afford coverage for “personal injury” or “personal and advertising injury,” which is often defined to include “false imprisonment” and “malicious prosecution.” As a result, when local agencies and their employees are sued arising out of… Continue Reading →

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