Author Michael DiSantis
New Jersey courts follow the “continuous trigger” rule under which a loss that occurs progressively may trigger coverage under all consecutive insurance policies in effect while the loss is ongoing. In Air Master & Cooling, Inc. v. Selective Indem. Co…. Continue Reading →
In Hay v. American Safety Indem. Co., — F. Supp. 3d —- (W.D. Wash. Sep. 19, 2017), the court held a “tract housing” exclusion applied to claims for construction defect and related damages arising out of the construction of a… Continue Reading →
In MMG Ins. Co. v. Floor Assoc., Inc., 2017 WL 3394619 (E.D. Pa. Aug. 8, 2017), the court held an insurer owed no coverage to a flooring subcontractor, finding the case “hinges on … faulty workmanship” and concluding Pennsylvania precedent… Continue Reading →
In Atlantic Casualty v. Zymblosky, 2017 WL 3017728 (Pa. Super. Ct. July 17. 2017), the Pennsylvania Superior Court applied a “Total Pollution Exclusion” to bodily injury claims arising out of the release of chlorine gas at a salvage yard. While… Continue Reading →
This week, in a significant insurance coverage decision, the New York Court of Appeals held that coverage under an additional insured endorsement that provides coverage for injury “caused in whole or in part” by the named insured’s “acts or omissions”… Continue Reading →
False advertising claims do not always trigger “advertising injury” coverage for product disparagement. Some courts have found that an advertisement that uses comparative language indirectly referencing a competitor’s product may qualify as material that “disparages” another’s “products” even if it… Continue Reading →
Last week, two courts in Pennsylvania addressed significant issues of insurance coverage law: the scope of an asbestos exclusion and trigger of coverage for environmental damage claims. In General Refractories Co. v. First State Ins. Co., 2017 WL 1416364 (Apr…. Continue Reading →
By Michael DiSantis In Concordia General Contracting Co., Inc. v. Preferred Mut. Ins. Co., 2017 WL 356041, — N.Y.S.3d —- (Jan. 25, 2017), a New York appellate court held the contractual liability exclusion barred coverage for an action by a… Continue Reading →
The U.S. District Court for the Middle District of Pennsylvania recently held an insurer that breached the duty to defend could not challenge the reasonableness of defense costs paid by defending insurers in an action for equitable subrogation. In Transportation… Continue Reading →
Exclusions for operations arising out of owner controlled insurance programs (OCIP) are increasingly common in commercial general liability insurance policies. The U.S. District Court for the Western District of North Carolina started this year by resolving a coverage dispute as… Continue Reading →