Author Danita Davis Sudac

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 →

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 →

Massachusetts Appeals Court Reverses Insurer’s Win on “Your Work” Exclusion

In All America Ins. Co. v. Lampasona Concrete Court., 120 N.E.2d 1258 (Mass.App.Ct. 2019), a Massachusetts appellate court vacated a trial court’s decision and held the trial court erred in ruling that Exclusion J(6) precluded coverage for the cost of… Continue Reading →

Under Illinois Law, Insurer Cannot Control Defense If It Reserves Its Rights Under Punitive Damage Exclusion and Punitive Damages Form Substantial Portion of Liability

The Illinois Appellate Court for the First District ruled that an insured was entitled to independent counsel where its insurer was reserving rights based on a punitive damages exclusion and the claim for punitive damages was the greatest part of… Continue Reading →

Wisconsin Supreme Court Apportions Defense Costs Pro Rata Based On Policy Limits

In Steadfast Ins. Co. v. Greenwich Ins. Co, 2019 WI 6 (2019), the Wisconsin Supreme Court ruled that an insurer that breached its duty to defend did not have to repay the full $1,550,000 that another insurer expended in defending… Continue Reading →

Nevada Supreme Court Allows Consequential Damages for Breach of Duty to Defend Even in the Absence of Bad Faith

In  Century Sur. Co. v. Andrew, 134 Nev.Adv.Op 100, No. 73756 (December 12, 2018), the Nevada Supreme Court, answering a certified question submitted by the United States District Court for the District of Nevada, held an insurer who breaches the… Continue Reading →

Kentucky Supreme Court Holds Construction Defect is Not an “Accident”

In Martin/Elias Properties, LLC v. Acuity, 2018 WL 1960872, __S.W.3d__ (Ky. 2018), the Kentucky Supreme Court found the court of appeals correctly applied the principles of Cincinnati Ins. Co. v. Motorist Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010), and… Continue Reading →

Illinois Court Holds Shooting “Arose Out Of” Premises For Purposes Of Additional Insured Endorsement

In Dominick’s Finer Foods v. Indiana Insurance Company, et al., 2018 IL App (1st) 161864, an Illinois Appellate Court held a grocery store was entitled to additional insured coverage for a shooting incident under an endorsement covering damage that arose out… Continue Reading →

Illinois Appellate Court Rejects Consideration Of Construction Agreement When Construing Coverage For Additional Insured

In Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192, an Illinois appellate court upheld a lower court’s finding that Nautilus Insurance Group (“Nautilus”) had no duty to defend a general contractor in a personal injury suit… Continue Reading →

Seventh Circuit Holds “Damage-to-Property” Exclusion Applies to Property Damage Caused by Poor Workmanship.

In West Side Salvage, Inc. v. RSUI Indemnity Company, 16-3928 (7th Cir. Dec. 18, 2017) (Illinois law), the Seventh Circuit held that a “damage-to-property” exclusion applied to preclude coverage for damages resulting from an explosion at a grain elevator caused… Continue Reading →

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