In Travelers Prop. Cas. Co. of Am. v. Klick, 2017 WL 3471357, 16-4000 (8th Cir. Aug. 14, 2017), the Eighth Circuit affirmed the ruling of the District of Minnesota, finding injuries resulting from carbon monoxide flowing from a recreational fishing… Continue Reading →
In Taos Ski Valley, Inc. v. Nova Casualty Company, Case No. 16-2118 (10th Cir. August 25, 2017), the U.S. Court of Appeals for the Tenth Circuit affirmed the U.S. District Court for the District of New Mexico’s order dismissing the… Continue Reading →
In MMG Ins. Co. v. Floor Assoc., Inc., 2017 WL 3394619 (E.D. Pa. Aug. 8, 2017), the court held an insurer owed no coverage to a flooring subcontractor, finding the case “hinges on … faulty workmanship” and concluding Pennsylvania precedent… Continue Reading →
In Atlantic Casualty v. Zymblosky, 2017 WL 3017728 (Pa. Super. Ct. July 17. 2017), the Pennsylvania Superior Court applied a “Total Pollution Exclusion” to bodily injury claims arising out of the release of chlorine gas at a salvage yard. While… Continue Reading →
In Westfield Ins. Co. v. Nat’l Decorating Service, Inc., 16-1439 , 2017 WL 2979654 (7th Cir. 2017) (Illinois law), the Seventh Circuit held that Westfield Insurance Company (“Westfield”) must defend several contractors and subcontractors that worked on a 24-story condominium… Continue Reading →
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 →
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