Commercial General Liability Dispatch

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CGL

Ohio Supreme Court Declines To Apply “All Sums” Rule

In Lubrizol Advanced Materials, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2020 WL 1943212, — N.E.3d —- (2020), the Ohio Supreme Court addressed the certified question of “whether an insured is permitted to seek full and complete… Continue Reading →

The Illinois Appellate Court and the Right to Independent Counsel

While the Illinois COVID-19 stay-at-home order continues to keep everyone at home, the First District of the Illinois Appellate Court has been busy. The Court issued two decisions concerning the right to independent counsel and when there may be a… Continue Reading →

“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” Of Personal Information

In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’… Continue Reading →

New York Federal Court Applies Media Exclusion

In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer… Continue Reading →

Maryland Court Addresses Time On The Risk Allocation For Lead Injury

In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily… Continue Reading →

Courts Explain California Choice Of Law Principles In Recent Cases

This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s… Continue Reading →

WA Supreme Court Held Agent’s Representations in Certificate of Liability Insurance Bound Insurance Company Despite Conflicting Policy Language

In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound… Continue Reading →

Number of Occurrences for Toxic Torts

In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →

Illinois Federal Court Finds Coverage For Opioid Settlement

In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of… Continue Reading →

No Day at the Beach – 4th Circuit: Exclusion Does Not Bar Coverage in Dispute Between Purveyors of Beach Merchandise

In Penn National Mutual Casualty Insurance Company v. Beach Mart, Inc., — F.3d —-, 2019 WL 3483167  (4th Circ. Aug. 1, 2019) (North Carolina law), the Fourth Circuit Court of Appeals reversed and remanded a decision of the United States… Continue Reading →

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