Page 7 of 12
In Addison Ins. Co. v. 4000 Island Boulevard Condo. Assoc., Inc., 2017 WL 6616690, — Fed. Appx. —- (11th Cir. Dec. 28, 2017) (Florida law), the court held an insurer owed a duty to defend a painting contract where the… Continue Reading →
Because CGL policies typically only require an insurer to defend a “suit” against the insured seeking covered damages, the definition of “suit” may determine whether the insurer owes any obligation. Answering a question certified by the Eleventh Circuit, the Florida… Continue Reading →
In Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co., —F.3d —-, 2017 WL 6334169 (5th Cir. Dec. 12, 2017) (Texas law) (“LSB”), the Fifth Circuit held an insurer owed a duty to defend an additional insured against allegations of specified… Continue Reading →
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 →
In the wake of “an epidemic of addiction, overdosing, death, and other problems brought on by the increasing use and abuse of opioid painkillers,” municipalities are filing lawsuits against the companies that manufactured, distributed and marketed opioid painkillers. In turn,… Continue Reading →
In The Doe Run Resources Corp. v. American Guarantee & Liability Ins., No. SC96107 (Mo. Oct. 31, 2017), the Missouri Supreme Court held a pollution exclusion applied to claims arising out of the alleged emission of toxic dust from the… Continue Reading →
When an insurer assumes charge of its policyholder’s defense while simultaneously reserving its rights on a basis adverse to the policyholder’s interests such as an intentional acts exclusion, a conflict of interest exists. In such a situation, the insurer must disclose the conflict… Continue Reading →
New Jersey courts follow the “continuous trigger” rule under which a loss that occurs progressively may trigger coverage under all consecutive insurance policies in effect while the loss is ongoing. In Air Master & Cooling, Inc. v. Selective Indem. Co…. Continue Reading →
In Hay v. American Safety Indem. Co., — F. Supp. 3d —- (W.D. Wash. Sep. 19, 2017), the court held a “tract housing” exclusion applied to claims for construction defect and related damages arising out of the construction of a… Continue Reading →
In McShane Constr. Co., LLC v. Gotham Ins. Co., No. 16-2632 (8th Cir. filed Aug. 11, 2017), the Eighth Circuit Court of Appeals affirmed the district court’s grant of Gotham’s motion to dismiss for failure to state a claim upon… Continue Reading →