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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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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