Insurance Law

Recent Posts

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint
Posted on 6 Aug 2012 by Adam Budesheim

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable
Posted on 3 Jan 2014 by Randy J. Maniloff

Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy... Read More

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]
Posted on 13 Jan 2014 by Randy J. Maniloff

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... Read More

A Faulty Workmanship—“Occurrence” Case Worth Reading
Posted on 5 Jun 2014 by Randy J. Maniloff

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... Read More

Federal Court Answers The Question : “What Is A ‘Commercial General Liability Insurance’ Policy?”
Posted on 29 May 2014 by Randy J. Maniloff

The issue before the Southern District of Texas in Pac-Van, Inc. v. CHS, Inc., No. 12-341 (S.D. Tex. Mar. 31, 2014) [ enhanced version available to lexis.com subscribers ] -- just what is a commercial general liability insurance policy anyway -- isn’t... Read More

Neal, Gerber & Eisenberg LLP: Additional Insured Entitled to Coverage Where Accident Resulted from Named Insured’s Operations
Posted on 31 Jan 2013 by Seth Lamden

By Alex Hartzler , Associate, Neal, Gerber & Eisenberg LLP A recent Indiana appellate decision illustrates that, for the purpose of triggering "additional insured" coverage, the insurer is liable where the injury arose out of the insured's... Read More

Who’s On First – The Selective Tender Rule
Posted on 11 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Illinois Court of Appeal was asked to resolve a dispute between the Illinois School District Agency (ISDA), a provider of commercial general liability insurance and St. Charles Community Unit School District... Read More

California Court Denies Rescission of Insurance Policy
Posted on 4 May 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California... Read More

California Court of Appeal Holds That a CGL Policy’s Coverage for Products Liability Applies Because Food Truck Fell Under “Mobile Equipment” Exception to an “Auto” Exclusion
Posted on 23 Jul 2014 by Troutman Sanders

Am. States Ins. Co. v. Travelers Prop. Cas. Co. of Am. , 223 Cal. App. 4th 495 (2014), [ enhanced enhanced version available to lexis.com subscribers ]. In American States , the California Court of Appeal held that the primary purpose of a food truck... Read More

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”
Posted on 31 May 2013 by Anderson Kill

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... Read More

Newly-Published Regional Steel Case Raises More Questions Than It Answers
Posted on 2 Jul 2014 by Erica Villanueva

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Illinois Supreme Court: Statutory Liquidated Damages Are Not Penal And Not Uninsurable Under Public Policy
Posted on 9 Jan 2014 by Randy J. Maniloff

Standard Mutual Insurance Company v. Lay, No. 114617, 989 N.E.2d 591 (Ill. May 23, 2013) [ enhanced version available to lexis.com subscribers ], is a Telephone Consumer Protection Act coverage case. TCPA is a do-do bird issue, or getting close to it... Read More

Pennsylvania Superior Court Opens Door to Coverage of Faulty Workmanship Claims
Posted on 21 May 2014 by Mealeys

By Darin J. McMullen Pennsylvania policyholders can more confidently challenge insurance companies' denials of faulty workmanship claims following the Pennsylvania Superior Court's recent opinion in Indalex Inc. v. National Union Fire Ins... Read More

Construction Defects and the Space Between: Gap and Overlap In the Combined Coverage of Performance Bonds and CGL Policies for Construction Defects
Posted on 17 Jun 2014 by Mealeys

By Thomas Rush and David A. Attisani Among other harbingers of a gradually convalescing economy, construction activity is on the rise, and is projected to remain on that trajectory throughout 2014. As a consequence of such growth, there will also... Read More

Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy
Posted on 17 Sep 2013 by Nicholas M. Insua

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... Read More