Author Danita Davis Sudac

Eighth Circuit Refuses to Limit Pollution Exclusion to Injuries from Original Source of Pollutant

In Travelers Prop. Cas. Co. of Am. v. Klick, 2017 WL 3471357, 16-4000 (8th Cir. Aug. 14, 2017),  the Eighth Circuit affirmed the ruling of the District of Minnesota, finding injuries resulting from carbon monoxide flowing from a recreational fishing… Continue Reading →

Seventh Circuit Finds Duty to Defend Allegations of Faulty Workmanship Causing Damage to Other Property

In Westfield Ins. Co. v. Nat’l Decorating Service, Inc., 16-1439 , 2017 WL 2979654 (7th Cir. 2017) (Illinois law), the Seventh Circuit held that Westfield Insurance Company (“Westfield”) must defend several contractors and subcontractors that worked on a 24-story condominium… Continue Reading →

Texas Supreme Court Holds Judgment After “Non-Adversarial” Trial Unenforceable Against Insurer

In Great American Insurance Company v. Hamel, 60 Tex. Sup. Ct. J. 1257, ___ S.W.3d ___ (Tex. 2017), the Texas Supreme Court clarified its decision in State Farm Fire & Cas. Co. v. Gandy, 925 S.W.3d 696, 714 (Tex. 1996),… Continue Reading →

Exhaustion Of SIR Found To Be Condition Precedent In Coverage For Additional Insured

On March 28, 2017, in a case of first impression in the Indiana Court of Appeals, the court considered whether an SIR Endorsement governs an insurer’s obligations to additional insureds under a commercial general liability policy. Walsh Construction Company (“Walsh”),… Continue Reading →

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