Tag Insurance

West Virginia District Court Holds that “Wrongful Eviction” Offense Requires a Possessory Interest to Implicate “Personal and Advertising Injury” Liability Coverage

In Grand China Buffet & Grill, Inc. v. State Auto Property & Casualty Co., 1:16cv159, 2017 WL 2129307 (N.D. W.Va. May 16, 2017), the U.S. District Court for the Northern District of West Virginia held that underlying claims relating to… Continue Reading →

Illinois Court Finds Statements About An Advertiser’s Own Product Do Not Disparage Others’ Products

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 →

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 →

Faulty Window Installation Settlement Not Covered Under Subcontractor’s CGL Policy

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 →

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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