Commercial General Liability Dispatch

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Coverage

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 →

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 →

Pennsylvania Superior Court Applies Total Pollution Exclusion

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 →

A Pair of Courts in Pennsylvania Address Significant Coverage Issues

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 →

Exhaustion Of SIR Found To Be Condition Precedent In Coverage For Additional Insured

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 →

Eleventh Circuit Affirms No Personal and Advertising Injury Coverage For Trademark Counterclaim

By Dana Kanellakes In IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., 2017 WL 510432 (11th Cir. Feb. 8, 2017), the insured, IVFMD Florida, Inc. (“IVFMD Florida”), filed a complaint in the underlying action against IVFMD, P.A. (“IVFMD… 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 →

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