LexisNexis® Legal Newsroom
McCarter & English on Vigilant Insurance Co. v. Sibbio: Insurer Had Duty to Defend Based on Reasonable Possibility of Coverage

By Lauren E. Ciancia, Associate, McCarter & English, LLP In Vigilant Insurance Co. v. Sibbio, 2012 N.Y. Misc. Lexis 4868 (N.Y. Sup. Ct. Oct. 9, 2012) , the New York Supreme Court held an insurance company has a duty to defend its policyholder for underlying allegations concerning the lead-paint...

Want Coverage for Construction Related Damage? You Need an Occurrence

In reading the title to this post, you are likely thinking "Duh, of course you do, if nothing "occurs" then there is nothing to cover!" (or something to that effect). While this seems an obvious conclusion, we're talking the world of law, construction and insurance coverage where...

Traub Lieberman Insurance Law Blog: Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in State Farm Fire& Cas. Co. v. Anderson , 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern...

Ohio Federal Court: Insurers’ Exposure For Construction Projects: A New Frontier?

While much debate has centered around coverage for construction defects, the parties have at least known where the claims are coming from - a structure is set out to be built, something doesn't go right and repairs need to be made. But in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., No. 11-1594...

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”

By Scott C. Turner, Attorney, Anderson Kill On May 3, the Supreme Court of Alabama's issued its decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc. , --- So.3d ---- , 2013 Ala. LEXIS 42 (2013) [ enhanced version available to lexis.com subscribers ], which maintains...

“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events. This axiom of insurance law was enforced by the...

Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy

In Capstone Building Corp. v. American Motorists Insurance Co. , 67 A.3d 961 (Conn. 2013) [ enhanced version available to lexis.com subscribers ], a case of first impression, the Supreme Court of Connecticut considered whether allegations that a subcontractor’s unintended defective construction...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Almost Heaven For Policyholders: West Virginia High Court Overrules Four Prior Decisions And Holds That Faulty Workmanship Is An “Occurrence” [And Two Others Do The Same]

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases addressing the issue so any single new one, even...

Environmental Coverage Summary: 2013 – Environmental Cases Addressing Other Significant Issues

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes "damages." We summarize key decisions...

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had occasion to consider whether Colorado’s notice...

I See Dead People Causing Coverage Disputes

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go wrong. And when things go wrong – really wrong...

A Faulty Workmanship—“Occurrence” Case Worth Reading

The title of this article tells you how I feel about the continuous barrage of decisions addressing coverage for construction defects – in particular whether faulty workmanship constitutes an “occurrence” under a commercial general liability policy. I’m not saying that these cases...

The Philosophical “Products Hazard” Case

There is just something about the Third Circuit’s decision in Allegheny Design Management, Inc. v. Travelers Indemnity Company, No. 13-4263 (3rd Cir. July 11, 2014), [ enhanced version available to lexis.com subscribers ], addressing whether property damage comes within the “products-completed...

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to lexis.com subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the general contractor’s alleged failure to construct...

Killing Two Is Not an Accident – Three Shots at Head Not an Occurrence

After State Farm intervened in a wrongful death action the trial court granted the insurer summary judgment and found State Farm owed neither defense nor indemnity to a person who was convicted of negligently killing two people by firing three shots at a man’s head. Nathan Leinweber and John Doe...

When Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?

In Wisconsin Pharmacal Co. v. Nebraska Cultures of California , No. 13AP613, 2014 Wisc. App. LEXIS 899 (Wis. Ct. App. Oct. 29, 2014), [ enhanced version available to lexis.com subscribers ], the Wisconsin Court of Appeals analyzed the circumstances under which a supplier’s negligent provision of...

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person was not an accident, and therefore did not fall within...

Neighbors Who Hate Each Other and Insurance Coverage

Tapas: Small Dishes of Insurance Coverage News & Notes In Lawellin v. Kemper Independence Ins. Co., No. 14-315, 2014 U.S. Dist. LEXIS 164293 (C.D. Cal. Nov. 21, 2014), [ enhanced version available to lexis.com subscribers ], the California federal court held that no coverage was owed to a resident...

Interesting Case In The “What’s An Accident?” Category

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are cases asking it that date back to the early 1800s...

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can say that coverage is rarely owed for such claims...

Colorado Supreme Court: No Prejudice Required For “Claims Made” Policy Breach

Tapas: Small Dishes of Insurance Coverage News & Notes In what can hardly be viewed as a surprising decision, the Colorado Supreme Court held in Craft v. Philadelphia Indemnity, No. 14SA43 (Colo. Feb. 17, 2015), [ enhanced version available to lexis.com subscribers ], that, despite late notice...