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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 →
In EmbroidMe.com, Inc. v. Travelers Property Casualty Company, the 11th U.S. Court of Appeals found that Travelers was not obligated to reimburse pre-tender costs incurred by its insured, EmbroidMe.com. EmroidMe.com was sued for copyright infringement and litigated the case for… 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 →
Tressler LLP is pleased to announce the launch of the firm’s latest blog, CGL Dispatch. To keep up with the changing digital landscape, CGL Dispatch will replace the firm’s traditional e-newsletter of the same name. The blog will continue where… Continue Reading →
In Design Basics, LLC v. Best Built, Inc., the court held two insurers owed no duty to defend and indemnify an insured for copyright infringement claims where the complaint alleged infringement of the designs at issue before their policy periods. The… Continue Reading →
In Evanston Ins. Co. v. Western Community Ins. Co., 2016 WL 1555706 (D. Nev. 2016), the U.S. District Court for the District of Nevada allocated defense fees and costs among primary insurers according to “time on the risk,” finding it… Continue Reading →
In The Matter Of Viking Pump, Inc., N.E.3d, 2016 WL 1735790 (2016), the Court of Appeals of New York addressed two questions certified from the Delaware Supreme Court: (1) whether “all sums” or “pro rata” allocation applies where the excess… Continue Reading →
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 →
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 →
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 →