Commercial General Liability Dispatch

The Debate About GL Coverage for BIPA Claims is Not Over — It is Just Starting

By: Rosa Tumialán The debate concerning the applicability of general liability policies to claims arising out of violations of the Illinois Biometric Information Privacy Act (“BIPA”) has not gone all that well for insurers. The Illinois Supreme Court in West Bend… Continue Reading →

Tressler Talks: Restatement of Law, Liability Insurance – An Insurer’s Friend or Foe?

Join us for this complimentary seminar to learn about the American Law Institute’s Restatement of the Law, Liability Insurance. Tressler’s experienced insurance attorneys will discuss the controversy surrounding the Restatement’s development, its most controversial provisions and any trends regarding its… Continue Reading →

Illinois Court Finds Notice Requirement Not Applicable to Additional Insured

By: Samantha Rothman In West Bend Mutual Insurance Company v. Community United School District 300, 2021 IL App (2d) 210108, the insurer sought a declaration that it had no duty to defend an additional insured, a school district, in connection… Continue Reading →

Northern District of Texas Finds Employee Exclusion Bars Coverage for Contractor’s Death Despite Restoration in Policy of Coverage for Accidents Involving Co-Employees

Recently, the Northern District of Texas found a commercial general liability policy did not provide coverage for the death of a utility contractor who suffocated after he was buried in a pit of gravel by another worker.  The Tarrant Regional… Continue Reading →

Ohio Court: Use of Actresses’ Images Potentially Alleges Implied Defamation Claim Covered As “Personal And Advertising Injury”

In AIX Specialty Ins. Co. v. BigLimo, Inc., No. 3:21-cv-08, 2021 WL 2708902 (S.D. Ohio June 30, 2021) the United States District Court for the Southern District of Ohio concluded an insured nightclub’s unauthorized use of the pictures of two models… Continue Reading →

Northern District of Oklahoma Tackles Professional Liability Exclusions and the Meaning of Specialized Knowledge

In Am. Nat’l Property & Cas. Co. v. Select Mgmt. Group, 20-cv-542 (N.D. Okla. Mar 23, 2021), the Northern District of Oklahoma recently examined the meaning of “professional services” when evaluating the policy’s professional services exclusion. These terms were not… Continue Reading →

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 →

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