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Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed

By Zachary Greening In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine… Continue Reading →

California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement

In Certain Underwriters at Lloyd’s of London et al. v. ConAgra Grocery Products Company, et al. San Francisco County Superior Court, Case No. CGC-14-53673, a San Francisco Superior Court recently ruled that ConAgra’s insurers are not required to pay its $102 million… Continue Reading →

Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim

Last week, we wrote about the Illinois Supreme Court’s decision late last year, holding that insurance coverage for malicious prosecution was triggered when the insureds’ wrongful conduct occurred rather than when the underlying claimant was exonerated.  Earlier this year, the… Continue Reading →

Illinois Supreme Court Decides Trigger of Coverage for Malicious Prosecution Coverage Claims

Commercial general liability insurance policies typically afford coverage for “personal injury” or “personal and advertising injury,” which is often defined to include “false imprisonment” and “malicious prosecution.” As a result, when local agencies and their employees are sued arising out of… Continue Reading →

Illinois Court Finds Insurers Owe No “Defense” To Insured For Pre-Suit Mediation

In Illinois Tool Works, Inc. v. Ace Specialty Ins. Co., 2019 IL App (1st) 181945, the Illinois Appellate Court upheld the lower court’s grant of partial summary judgment to two insurance companies holding that the insurers had no duty to… Continue Reading →

Missouri Court Holds No Coverage For Wrongful Installation Of Fiber Optic Cable On Easement

In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical… Continue Reading →

First Circuit Sinks Its Teeth Into Application Of Intellectual Property Exclusion, Finding It Precludes Coverage For Suit Between Dental Product Competitors

In Sterngold Dental, LLC v. HDI Global Insurance Company, ___ F.3d___, 2019 WL 2754185 (1st Cir. 2019), the First Circuit was presented the opportunity to address how to construe “the scope of the so-called intellectual property exclusion (IP exclusion) to the… Continue Reading →

PA Federal Court Finds Liquor Liability Exclusion Unambiguous

UPDATE: The Third Circuit recently affirmed the United States District Court for the Eastern District of Pennsylvania in Transportation Ins. Co v. Heathland Hosp. Group LLC, — Fed. Appx. —-, 2019 WL 3383876, at *1 (3d Cir. July 26, 2019),… Continue Reading →

Attorney Spotlight: Danita Davis Sudac

Danita Davis Sudac is an associate in the Insurance and Litigation practices. She represents insurers in matters in connection with insurance issues, including claims related to commercial general liability coverage and professional liability coverage. Her practice areas include Insurance, Litigation,… Continue Reading →

PA Federal Court Finds Liquor Liability Exclusion Unambiguous

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 →

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