Commercial General Liability Dispatch



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 →

Recent Developments in Jurisdiction

The United States Supreme Court recently clarified the extent of personal jurisdiction over a corporation. The Court previously established that a court in a state other than a corporation’s place of incorporation or principal place of business can assert general… 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 →

Seventh Circuit Finds Duty to Defend Allegations of Faulty Workmanship Causing Damage to Other Property

In Westfield Ins. Co. v. Nat’l Decorating Service, Inc., 16-1439 , 2017 WL 2979654 (7th Cir. 2017) (Illinois law), the Seventh Circuit held that Westfield Insurance Company (“Westfield”) must defend several contractors and subcontractors that worked on a 24-story condominium… Continue Reading →

Texas Supreme Court Holds Judgment After “Non-Adversarial” Trial Unenforceable Against Insurer

In Great American Insurance Company v. Hamel, 60 Tex. Sup. Ct. J. 1257, ___ S.W.3d ___ (Tex. 2017), the Texas Supreme Court clarified its decision in State Farm Fire & Cas. Co. v. Gandy, 925 S.W.3d 696, 714 (Tex. 1996),… Continue Reading →

Federal District Court Applying California Law Confirms No Coverage For TCPA Claims, Because Privacy Interest Protected By Policy Is Right Of Secrecy, Not Right Of Seclusion

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 17-cv-00447 NC, 2017 WL 2405025 (N.D. Cal. June 2, 2017), the district court concluded there was no coverage for TCPA claims for unsolicited text messages under a… Continue Reading →

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 →

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