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False advertising claims do not always trigger “advertising injury” coverage for product disparagement. Some courts have found that an advertisement that uses comparative language indirectly referencing a competitor’s product may qualify as material that “disparages” another’s “products” even if it… Continue Reading →
Last week, two courts in Pennsylvania addressed significant issues of insurance coverage law: the scope of an asbestos exclusion and trigger of coverage for environmental damage claims. In General Refractories Co. v. First State Ins. Co., 2017 WL 1416364 (Apr…. Continue Reading →
On March 28, 2017, in a case of first impression in the Indiana Court of Appeals, the court considered whether an SIR Endorsement governs an insurer’s obligations to additional insureds under a commercial general liability policy. Walsh Construction Company (“Walsh”),… Continue Reading →
In Unwired Solutions, Inc. v. Ohio Security Insurance Co., Case No. Case 1:16-cv-00405-CCB (D. Md. 2017), Ohio Security denied owing any defense or indemnity obligation to its insured, Unwired Solutions, Inc. dba Linq Services, Inc. (“Linq”) for an underlying action… Continue Reading →
The Seventh Circuit Court ruled in Allied Property & Casualty Insurance Company, et al. v. Metro North Condominium Association, No. 16-1868, (7th Cir. March 8, 2017), that a window subcontractor’s insurer had no duty to indemnify for a settlement following… Continue Reading →
By Dana Kanellakes In IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., 2017 WL 510432 (11th Cir. Feb. 8, 2017), the insured, IVFMD Florida, Inc. (“IVFMD Florida”), filed a complaint in the underlying action against IVFMD, P.A. (“IVFMD… Continue Reading →
By Michael DiSantis In Concordia General Contracting Co., Inc. v. Preferred Mut. Ins. Co., 2017 WL 356041, — N.Y.S.3d —- (Jan. 25, 2017), a New York appellate court held the contractual liability exclusion barred coverage for an action by a… Continue Reading →
In Harleysville Worcester Insurance Company v. Sharma, et. al, the U.S. District Court for the Eastern District of New York found that a question of fact existed as to whether a doctor accused of sexual abuse possessed the requisite intent… Continue Reading →
In Sentinel Insurance Co. v. Yorktown Industries, Inc., the claimant filed an underlying action against the insured alleging that the insured hired the claimant’s employees, stole the claimant’s confidential business information, including its customer list and sales information, and used… Continue Reading →
In Great Lakes Beverages, LLC v. Wochinski, the Wisconsin Court of Appeals held that the Breach of Contract Exclusion precluded coverage for an underlying tortious interference claim, such that AMCO Insurance Company (AMCO) did not owe any duty to defend… Continue Reading →