Commercial General Liability Dispatch

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Law

UPDATE: Court Finds No Coverage For Municipalities’ Claims Against Manufacturers Of Opioid Painkillers

UPDATE: This blog post was originally posted on November 13, 2017.  The California Supreme Court agreed to hear an appeal in this matter. Travelers Prop. Cas. Co. of Am. v. Actavis, Inc., No. S245867, 2018 WL 1004810 (Cal. Feb. 21,… Continue Reading →

Seventh Circuit Holds “Damage-to-Property” Exclusion Applies to Property Damage Caused by Poor Workmanship.

In West Side Salvage, Inc. v. RSUI Indemnity Company, 16-3928 (7th Cir. Dec. 18, 2017) (Illinois law), the Seventh Circuit held that a “damage-to-property” exclusion applied to preclude coverage for damages resulting from an explosion at a grain elevator caused… Continue Reading →

Florida Supreme Court Holds Pre-Suit Process May Qualify As “Suit”

Because CGL policies typically only require an insurer to defend a “suit” against the insured seeking covered damages, the definition of “suit” may determine whether the insurer owes any obligation.  Answering a question certified by the Eleventh Circuit, the Florida… 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 →

Court Finds No Coverage For Municipalities’ Claims Against Manufacturers Of Opioid Painkillers

In the wake of “an epidemic of addiction, overdosing, death, and other problems brought on by the increasing use and abuse of opioid painkillers,” municipalities are filing lawsuits against the companies that manufactured, distributed and marketed opioid painkillers.  In turn,… Continue Reading →

The Missouri Supreme Court Holds Pollution Exclusion Unambiguous

In The Doe Run Resources Corp. v. American Guarantee & Liability Ins., No. SC96107 (Mo. Oct. 31, 2017), the Missouri Supreme Court held a pollution exclusion applied to claims arising out of the alleged emission of toxic dust from the… Continue Reading →

Proceeding With Caution Under a “Selection of Counsel” Provision 

When an insurer assumes charge of its policyholder’s defense while simultaneously reserving its rights on a basis adverse to the policyholder’s interests such as an intentional acts exclusion, a conflict of interest exists.  In such a situation, the insurer must disclose the conflict… Continue Reading →

New Jersey Court Holds “Manifestation” is “Last Pull” of a Continuous Trigger

New Jersey courts follow the “continuous trigger” rule under which a loss that occurs progressively may trigger coverage under all consecutive insurance policies in effect while the loss is ongoing.  In Air Master & Cooling, Inc. v. Selective Indem. Co…. Continue Reading →

Tressler Prevails in Eighth Circuit

In McShane Constr. Co., LLC v. Gotham Ins. Co., No. 16-2632 (8th Cir. filed Aug. 11, 2017), the Eighth Circuit Court of Appeals affirmed the district court’s grant of Gotham’s motion to dismiss for failure to state a claim upon… Continue Reading →

Eighth Circuit Refuses to Limit Pollution Exclusion to Injuries from Original Source of Pollutant

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 →

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