Commercial General Liability Dispatch

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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 →

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 →

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 →

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 →

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