Author Michael DiSantis
It is well-established that an insured’s intentional act is not an “occurrence” as that term is typically defined by a liability insurance policy. But what if the insured is sued for negligence with respect to another individual’s intentional act? Three… Continue Reading →
UPDATE: This blog post was originally posted on November 13, 2017. The California Supreme Court agreed to hear an appeal in this matter. Travelers Prop. Cas. Co. of Am. v. Actavis, Inc., No. S245867, 2018 WL 1004810 (Cal. Feb. 21,… Continue Reading →
We recently completed our 50-State Survey addressing whether faulty workmanship involves an “occurrence” or “property damage,” but the cases keep coming. Just weeks after we published the survey, the Tenth Circuit published an opinion predicting New York’s highest court would… Continue Reading →
Two recent Eighth Circuit cases illustrate the importance of CGL policy language in determining whether a claim is potentially covered loss or an uncovered business risk. In Electrical Power Sys. Int’l, Inc. v. Zurich Am. Ins. Co., — F.3d —-,… Continue Reading →
In Addison Ins. Co. v. 4000 Island Boulevard Condo. Assoc., Inc., 2017 WL 6616690, — Fed. Appx. —- (11th Cir. Dec. 28, 2017) (Florida law), the court held an insurer owed a duty to defend a painting contract where the… Continue Reading →
Because CGL policies typically only require an insurer to defend a “suit” against the insured seeking covered damages, the definition of “suit” may determine whether the insurer owes any obligation. Answering a question certified by the Eleventh Circuit, the Florida… Continue Reading →
In Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co., —F.3d —-, 2017 WL 6334169 (5th Cir. Dec. 12, 2017) (Texas law) (“LSB”), the Fifth Circuit held an insurer owed a duty to defend an additional insured against allegations of specified… Continue Reading →
In Transportation Ins. Co. v. Heathland Hospitality Group, LLC, 2017 WL 5593363 (E.D. Pa. Nov. 20, 2017), a Pennsylvania federal court applied a liquor liability exclusion to a claim alleging the insured furnished alcohol to an intoxicated customer who was… Continue Reading →
In the wake of “an epidemic of addiction, overdosing, death, and other problems brought on by the increasing use and abuse of opioid painkillers,” municipalities are filing lawsuits against the companies that manufactured, distributed and marketed opioid painkillers. In turn,… Continue Reading →
In The Doe Run Resources Corp. v. American Guarantee & Liability Ins., No. SC96107 (Mo. Oct. 31, 2017), the Missouri Supreme Court held a pollution exclusion applied to claims arising out of the alleged emission of toxic dust from the… Continue Reading →