Tag commercial general liability

Missouri Court Holds No Coverage For Wrongful Installation Of Fiber Optic Cable On Easement

In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical… Continue Reading →

Middle District of Pennsylvania Holds General Allegations of Infringement Constitute “Real” Advertisement

In Hershey Creamery Co. v. Liberty Mutual Fire Ins. Co., No. 1:18-CV-694, 2019 WL 1988397 (M.D. Pa. May 6, 2019), the United States District Court for the Middle District of Pennsylvania held a patent and trademark infringement lawsuit against an… Continue Reading →

Court Finds Exclusion for Injuries to Insured’s Subcontractor Employees Is Unambiguous

In Evanston Ins. Co. v. A&R Homes Development, LLC, 2019 WL 661587 (N.J. Super. App. Div. Feb. 19, 2019), the Appellate Division of the Superior Court of New Jersey affirmed a trial court ruling that an exclusion for an insured’s… Continue Reading →

Advertising Injury and New York’s Broad Duty to Defend

In High Point Design, LLC v. LM Ins. Corp., No. 16-1446-CV, 2018 WL 6625763 (2d Cir. Dec. 19, 2018) (New York law), the Second Circuit held that an advertising injury was alleged even if the underlying complaint, standing alone, did… Continue Reading →

Pennsylvania Federal Court Holds Insurer Owes No Coverage For Claims Of Faulty Workmanship

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 →

When is a Claimant a “Third Person” Under the Definition of Insured Contract?

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 →

Pennsylvania Court Holds Insurer That Breached Duty to Defend Cannot Challenge Reasonableness of Defense Costs

The U.S. District Court for the Middle District of Pennsylvania recently held an insurer that breached the duty to defend could not challenge the reasonableness of defense costs paid by defending insurers in an action for equitable subrogation. In Transportation… Continue Reading →

11th Circuit Finds Insurer Has No Duty to Pay Pre-Tender Costs

In EmbroidMe.com, Inc. v. Travelers Property Casualty Company, the 11th U.S. Court of Appeals found that Travelers was not obligated to reimburse pre-tender costs incurred by its insured, EmbroidMe.com. EmroidMe.com was sued for copyright infringement and litigated the case for… Continue Reading →

Can an Insurer Disclaim a Defense Obligation Based on a “Controlled Insurance Program” Exclusion?

Exclusions for operations arising out of owner controlled insurance programs (OCIP) are increasingly common in commercial general liability insurance policies. The U.S. District Court for the Western District of North Carolina started this year by resolving a coverage dispute as… Continue Reading →

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