Category CGL

Nevada Supreme Court Allows Consequential Damages for Breach of Duty to Defend Even in the Absence of Bad Faith

In  Century Sur. Co. v. Andrew, 134 Nev.Adv.Op 100, No. 73756 (December 12, 2018), the Nevada Supreme Court, answering a certified question submitted by the United States District Court for the District of Nevada, held an insurer who breaches the… Continue Reading →

Advertising Injury and New York’s Broad Duty to Defend

In High Point Design, LLC v. LM Ins. Corp., No. 16-1446-CV, 2018 WL 6625763 (2d Cir. Dec. 19, 2018) (New York law), the Second Circuit held that an advertising injury was alleged even if the underlying complaint, standing alone, did… Continue Reading →

Court Holds Aircraft Exclusion to Bodily Injury Also Extends to Drones

While you’re looking at airplanes fly by, you may also want to look for drones too. In a recent decision by the United States District Court in the Central District of California, the court found drones are equivalent to aircrafts,… Continue Reading →

CGL Dispatch Year In Review 2018

The holidays are a great time for reflection, and in that spirit, we here at the CGL Dispatch Blog would like to take a brief look back at some 2018 cases in which high courts addressed commercial general liability insurance… Continue Reading →

Ohio Supreme Court Holds Insured’s Subcontractor’s Faulty Workmanship Is Not an “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., 2018 WL 4926159, — N.E.3d —- (Ohio 2018), the Ohio Supreme Court held that claims against an insured for alleged construction defects do not constitute an “occurrence” even if they arise… Continue Reading →

Pennsylvania Superior Court Holds Insurer Owes Coverage For Negligent Work Outside The Scope Of Contract In Unpublished Opinion

This month, we have reviewed a few 2018 cases in which courts held claims arising out of faulty workmanship did not involve an “occurrence” and were not covered by liability insurance policies under Pennsylvania law. Westfield Ins. Co. v. Icon Legacy… Continue Reading →

Middle District of Pennsylvania Holds No Coverage for Claims for Faulty Workmanship

Last week, we reviewed Lenick Constr., Inc. v. Selective Way Ins. Co., 2018 WL 2727394, — Fed. Appx. —- (3d. Cir. 2018), a Third Circuit case addressing the scope of coverage for claims arising from faulty workmanship under Pennsylvania law… Continue Reading →

Third Circuit Holds No Coverage For Faulty Workmanship Under Pennsylvania Law

In Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Ins. Co., 900 A.2d 888 (Pa. 2006), the Pennsylvania Supreme Court held that “the definition of ‘accident’ required to establish an ‘occurrence’… cannot be satisfied by claims based upon… Continue Reading →

Is Negligent Supervision An “Occurrence”? Three High Courts Weigh In

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 →

Kentucky Supreme Court Holds Construction Defect is Not an “Accident”

In Martin/Elias Properties, LLC v. Acuity, 2018 WL 1960872, __S.W.3d__ (Ky. 2018), the Kentucky Supreme Court found the court of appeals correctly applied the principles of Cincinnati Ins. Co. v. Motorist Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010), and… Continue Reading →

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