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 →

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 →

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 →

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 →

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 →

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 →

In Busch Properties, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA., No. 14–3688, 2016 WL 722950 (8th Cir. 2016), the 8th U.S. Circuit Court of Appeals held that: (1) under Missouri law, the insured’s legal obligation to remediate… Continue Reading →

In Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California, Inc., Nos. 2013AP613, 2013AP687, 2016 WL 785203 (Wis. March 1, 2016), the Wisconsin Supreme Court held that the incorporation of the wrong ingredient into probiotic supplement tablets that rendered the… Continue Reading →

In Design Basics, LLC v. Best Built, Inc., Design Basics alleged that the insured contractor, Best Built, infringed on six of its copyrighted architectural plans in its advertisements and home construction activities. There was no dispute that Design Basics first used… Continue Reading →

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 →