Commercial General Liability Dispatch

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Insurance

Holding: Employer’s Insurer Owes Duty to Defend Additional Insureds Despite That Employer Was Not Named as a Defendant in Original Complaint Under Illinois Law

The U.S. Court of Appeals for the Seventh Circuit ruled in Scottsdale Insurance Company v. Columbia Insurance Group, Inc., No. 19-3315 (7th Cir. Aug. 26 2020) (Illinois law), that the United States District Court for the Northern District of Illinois did… Continue Reading →

“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” Of Personal Information

In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’… Continue Reading →

Pennsylvania Superior Court Holds Insurer Owes Coverage For Negligent Work Outside The Scope Of Contract In Unpublished Opinion

This month, we have reviewed a few 2018 cases in which courts held claims arising out of faulty workmanship did not involve an “occurrence” and were not covered by liability insurance policies under Pennsylvania law. Westfield Ins. Co. v. Icon Legacy… Continue Reading →

Attorney Spotlight: Michael DiSantis

Michael DiSantis is a partner in Tressler’s Insurance and Litigation practices. He focuses his practice in the areas of insurance coverage analysis and insurance coverage litigation, assisting insurance companies in resolving complex disputes. He has represented insurance companies in litigated… Continue Reading →

Attorney Spotlight: Danita Davis Sudac

Danita Davis Sudac is an associate in the Insurance and Litigation practices. She represents insurers in matters in connection with insurance issues, including claims related to commercial general liability coverage and professional liability coverage. Her practice areas include Insurance, Litigation,… 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 →

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 →

Auto Exclusion Precludes Coverage For Accident Involving Pizza Delivery Driver

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 →

Fifth Circuit Holds Insurer Breached Duty To Defend Construction Defect Lawsuit

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 →

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