Commercial General Liability Dispatch

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occurrence

Number of Occurrences for Toxic Torts

In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →

Pennsylvania Superior Court Holds Flood Constitutes An “Occurrence”

In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim… Continue Reading →

Ohio Supreme Court Holds Insured’s Subcontractor’s Faulty Workmanship Is Not an “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., 2018 WL 4926159, — N.E.3d —- (Ohio 2018), the Ohio Supreme Court held that claims against an insured for alleged construction defects do not constitute an “occurrence” even if they arise… Continue Reading →

Pennsylvania Superior Court Holds Insurer Owes Coverage For Negligent Work Outside The Scope Of Contract In Unpublished Opinion

This month, we have reviewed a few 2018 cases in which courts held claims arising out of faulty workmanship did not involve an “occurrence” and were not covered by liability insurance policies under Pennsylvania law. Westfield Ins. Co. v. Icon Legacy… Continue Reading →

Middle District of Pennsylvania Holds No Coverage for Claims for Faulty Workmanship

Last week, we reviewed Lenick Constr., Inc. v. Selective Way Ins. Co., 2018 WL 2727394, — Fed. Appx. —- (3d. Cir. 2018), a Third Circuit case addressing the scope of coverage for claims arising from faulty workmanship under Pennsylvania law… Continue Reading →

Third Circuit Holds No Coverage For Faulty Workmanship Under Pennsylvania Law

In Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Ins. Co., 900 A.2d 888 (Pa. 2006), the Pennsylvania Supreme Court held that “the definition of ‘accident’ required to establish an ‘occurrence’… cannot be satisfied by claims based upon… Continue Reading →

Kentucky Supreme Court Holds Construction Defect is Not an “Accident”

In Martin/Elias Properties, LLC v. Acuity, 2018 WL 1960872, __S.W.3d__ (Ky. 2018), the Kentucky Supreme Court found the court of appeals correctly applied the principles of Cincinnati Ins. Co. v. Motorist Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010), and… Continue Reading →

New York Court Finds Question of Fact as to Intentional Act Related to Allegations of Sexual Abuse

In Harleysville Worcester Insurance Company v. Sharma, et. al, the U.S. District Court for the Eastern District of New York found that a question of fact existed as to whether a doctor accused of sexual abuse possessed the requisite intent… Continue Reading →

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