Author Tressler LLP

Ohio Supreme Court Rules That an Abuse or Molestation Exclusion Barring Coverage for “Any Insured” Applied to any Insured Whether Directly or Vicariously Liable

In World Harvest Church v. Grange Mutual Casualty Co., 2016-Ohio-2913 (Ohio May 11, 2016), the Ohio Supreme Court ruled that an abuse or molestation exclusion barred coverage for a church’s settlement after a jury found it vicariously liable for its… Continue Reading →

Pipe Down! Lack of Third-Party Property Damage From Insured’s Allegedly Defective Pipe Fittings Sinks Suit for Coverage and Alleged Bad Faith

The underlying complaint in Sharp Plumbing v. National Fire & Marine Ins. Co. 2016 WL 860415 (March 7, 2016 9th Cir.) sought damages due to leaks, restricted water flow and pipe breakage caused by dezincification of water that flowed through… Continue Reading →

Amended Pleadings in Underlying Case May Trigger Duty to Defend From Time of Amendment, if Potentially Covered

On previous motions for summary judgment filed by the insured, the Federal District Court for the Southern District of Texas, Houston Division, found that Scottsdale Insurance Company (Scottsdale) had no duty to defend the underlying complaint filed against its insured,… Continue Reading →

As the Old Saying Goes, if You Really Want Something, “Get It In Writing”: Owner & General Contractor Lose Their Own Coverage as Well as Additional Insured Coverage From Subcontractor’s Insurer Because the AI Coverage Was Not Required in Writing

In Hermitage Ins. Co. v. Skyview & Construction Corp., et al., 137 A. D. 3d 712 (1st Dept. 2016), the New York appellate court again reaffirmed the numerous pitfalls that attend the process of trying to obtain additional insured coverage… Continue Reading →

TRESSLER WIN: Florida Court of Appeal Affirms no Coverage for Consumer Claims Over False “Organic” Labels

On April 6, 2016, the Florida Second District Court of Appeal in Vogue International, LLC v. Hartford Casualty Insurance Company, Case No. 2D15-3131, affirmed the trial court’s ruling on summary judgment in favor of Hartford Casualty Insurance Company (Hartford), finding… Continue Reading →

TRESSLER WIN: Illinois Appellate Court Slams Junk Fax Litigation “Charade;” Holds Insurer Owes no Coverage for TCPA Settlement

In First Mercury Ins. Co. v. CE Design, Ltd., 2016 IL App (1st) 143924-U (March 30, 2016), an Illinois appellate court held an insurer owed no coverage for a class settlement consisting of TCPA statutory damages falling within a $500… Continue Reading →

“But For” or Proximate Causation? That is the Question… the 3rd Circuit Answered When Interpreting an Additional Insured Endorsement

In Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), the 3rd U.S. Circuit Court of Appeals held that, under Pennsylvania law, the additional insured need only show “but for” causation to trigger the additional insured… Continue Reading →

Under Minnesota Law, Insurer Is Entitled to Equitable Contribution From Co-Insurer Even if Co-Insurer Will Ultimately be Reimbursed by Insured

The 8th U.S. Circuit Court of Appeals affirmed the U.S. District Court for the District of Minnesota and found that insurer, National Union, had a duty to defend the insured and, therefore, another insurer, Continental Casualty, was entitled to equitable… Continue Reading →

California Court Upholds Liability Policy’s Remodeling Limitation and Residential Construction Exclusion

In Nazarian v. Colony Insurance Company, 2016 WL 471853 (Cal. App. February 8, 2016), the California Court of Appeals held that an insurer owed no duty to defend or indemnify its insured for an underlying suit arising out of the… Continue Reading →

Insurer Dodges Bullet for Untimely Disclaimer in New York

Once again, the labyrinth wrapped in a conundrum that is New York Insurance Law 3420 (d)(2) rears its ugly head, but at least the outcome was not so ugly. In Black Bull Contracting, LLC v. Indian Harbor Ins. Co., 135… Continue Reading →

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