Commercial General Liability Dispatch

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CGL

Under Illinois Law, Insurer Cannot Control Defense If It Reserves Its Rights Under Punitive Damage Exclusion and Punitive Damages Form Substantial Portion of Liability

The Illinois Appellate Court for the First District ruled that an insured was entitled to independent counsel where its insurer was reserving rights based on a punitive damages exclusion and the claim for punitive damages was the greatest part of… Continue Reading →

Wisconsin Supreme Court Apportions Defense Costs Pro Rata Based On Policy Limits

In Steadfast Ins. Co. v. Greenwich Ins. Co, 2019 WI 6 (2019), the Wisconsin Supreme Court ruled that an insurer that breached its duty to defend did not have to repay the full $1,550,000 that another insurer expended in defending… Continue Reading →

Idaho Court Expands on the Prior Publication Exclusion to Coverage

With social media use on the rise, insurers and insureds alike should be mindful of posts that can implicate the prior publication exclusion to coverage. In Scout, LLC v. Truck Ins. Exchange, 2019 WL 347471 — P.3d —- (Idaho Jan…. Continue Reading →

Federal Jurisdiction for Coverage Claims Involving Class Actions and Required Notice of Policy Changes in Missouri

In American Family Mutual Ins. Co. v. Vein Centers for Excellence, Inc., 912 F.3d 1076 (8th Cir. 2018), the Eighth Circuit considered two questions. The first was whether the claims against an insured in an underlying class action suit could… Continue Reading →

Illinois Court Holds Shooting “Arose Out Of” Premises For Purposes Of Additional Insured Endorsement

In Dominick’s Finer Foods v. Indiana Insurance Company, et al., 2018 IL App (1st) 161864, an Illinois Appellate Court held a grocery store was entitled to additional insured coverage for a shooting incident under an endorsement covering damage that arose out… Continue Reading →

Chopping Down The Wrong Tree Is Not An Accident

In Crown Tree Service, Inc. v. Atain Specialty Insurance Company, the underlying U.S. District Court for the Northern District of California held that there was no coverage for a suit against the insured tree service by the owner of land… Continue Reading →

UPDATE: Court Finds No Coverage For Municipalities’ Claims Against Manufacturers Of Opioid Painkillers

UPDATE: This blog post was originally posted on November 13, 2017.  The California Supreme Court agreed to hear an appeal in this matter. Travelers Prop. Cas. Co. of Am. v. Actavis, Inc., No. S245867, 2018 WL 1004810 (Cal. Feb. 21,… Continue Reading →

Tenth Circuit Predicts New York’s Highest Court Would Hold Policyholder’s Subcontractor’s Defective Work May Be An “Occurrence”

We recently completed our 50-State Survey addressing whether faulty workmanship involves an “occurrence” or “property damage,” but the cases keep coming.  Just weeks after we published the survey, the Tenth Circuit published an opinion predicting New York’s highest court would… Continue Reading →

Eighth Circuit Finds No Coverage In Two Recent Cases

Two recent Eighth Circuit cases illustrate the importance of CGL policy language in determining whether a claim is potentially covered loss or an uncovered business risk.  In Electrical Power Sys. Int’l, Inc. v. Zurich Am. Ins. Co., — F.3d —-,… Continue Reading →

Illinois Appellate Court Rejects Consideration Of Construction Agreement When Construing Coverage For Additional Insured

In Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192, an Illinois appellate court upheld a lower court’s finding that Nautilus Insurance Group (“Nautilus”) had no duty to defend a general contractor in a personal injury suit… Continue Reading →

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