Tag CGL
In State Farm Insurance Company v. Heide Organek, No. 3:16cv000474, 2018 WL 624635 (D. Conn. Jan. 30, 2018), the court held an auto exclusion barred coverage for an accident involving the insured’s pizza delivery driver. The court’s holding turned on… Continue Reading →
The policyholder in Maids on Call, LLC v. Ohio Security Ins. Co., 2018 WL 264088 (D. Neb. Jan. 2, 2018) (Connecticut and Nebraska law) was sued for allegedly abandoning a housecleaning franchise operation, beginning a new housecleaning business in the… Continue Reading →
In Sentinel Ins. Co. v. Beach for Dogs Corp., No. 17 C 1501, 2017 WL 6570079 (N.D. Ill. Dec. 21, 2017), the court held that the insurer owed no coverage to its insured, finding that an Intellectual Property Exclusion (“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 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 →
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 →