Tag CGL
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 →
In Lubrizol Advanced Materials, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2020 WL 1943212, — N.E.3d —- (2020), the Ohio Supreme Court addressed the certified question of “whether an insured is permitted to seek full and complete… Continue Reading →
“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” Of Personal Information
In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’… Continue Reading →
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 →
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 →
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 →
In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer… Continue Reading →
In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily… Continue Reading →
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →
In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of… Continue Reading →