Insurance Law

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CGL Carrier’s Duty To Defend Was Triggered Where Non-Professional Work Was Alleged and, Therefore, the Professional Services Exclusion Did Not Apply to Remove All Possibility of Coverage
Posted on 12 Jun 2014 by Troutman Sanders

North Counties Engineering, Inc. v. State Farm General Ins. Co. , 224 Cal. App. 4th 902 (2014), [ enhanced version available to subscribers ]. In North Counties Engineering , the California Court of Appeal held that an insurer’s... Read More

ISO Pull Up A Stool: Federal Appeals Court Offers A Different Way To, Er, Draft A Liquor Liability Exclusion
Posted on 16 Jul 2014 by Randy J. Maniloff

A couple of the amendments to the 2013 version of ISO’s workhorse commercial general liability policy (CG 00 01) involve the Liquor Liability exclusion. In general, it has been amended to state that it applies even if the claims against any insured... Read More

Why I Don’t Own A Stairmaster
Posted on 21 Jul 2014 by Randy J. Maniloff

In Landmark American Insurance Co. v. VO Remarketing Corp, No. 13-1386 (D. Colo. June 13, 2014), [ enhanced version available to subscribers ], a Colorado federal court interpreted the terms “finally delivered” as used in the “auto... Read More

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning
Posted on 5 Sep 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Scottsdale Insurance Co. v. Pursley, 2012 U.S. App. LEXIS 17437 (11 th Cir. Aug. 20, 2012) , the United States Court of Appeals for the Eleventh Circuit... Read More

CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated
Posted on 2 Sep 2015 by Troutman Sanders

In Atain Speciality , [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction... Read More

The CGL “Business Risk” Exclusions
Posted on 22 Jan 2014 by LexisNexis Insurance Law Newsroom Staff

By David Smith I recently came upon an interesting case from the United States Court of Appeals for the First Circuit that examined the complex and confusing Commercial General Liability (CGL) “business risk” exclusions. Oxford Aviation... Read More

How the Pennsylvania Supreme Court's Decision in Mutual Benefit Will Affect Your Business Insurance Coverage
Posted on 17 Aug 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley On May 26, 2015, the Pennsylvania Supreme Court handed down its much anticipated decision in Mutual Benefit Ins. Co. v. Christos Politsopoulos [subscribers can access an enhanced version of this opinion: | Lexis Advance... Read More

McCarter & English LLP on Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa.: Georgia Court Interprets Pollution Exclusion in Favor of Coverage
Posted on 9 May 2011 by Nicholas M. Insua

By Nicholas Insua, Associate, McCarter & English, LLP In Barrett v. National Union Fire Insurance Co. of Pittsburgh, Pa. , No. A10A1125, 2010 Ga. App. LEXIS 448 (Ga. Ct. App. May 11, 2010) the Court of Appeals of Georgia recently rejected an insurance... Read More

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims
Posted on 27 Aug 2015 by Randy J. Maniloff

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers... Read More

D&O Policies: A Possibility for TCPA Coverage?
Posted on 28 Sep 2015 by Foley & Lardner LLP

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at least $500 for each fax... Read More

Bar’s Policy That Excludes Assault & Battery Is Not Illusory
Posted on 30 Apr 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes It is not surprising that a bar owner, who did not pay a lot of attention to the ins and outs of his insurance, would be surprised to learn that his commercial general liability policy contained... Read More

CGL Policy’s “Employment-Related Practices Exclusion” Held to Preclude Coverage for Lawsuit Involving Claims of Sexual Harassment and False Imprisonment
Posted on 2 Feb 2015 by Troutman Sanders

John Davler, Inc. v. Arch Ins. Co. , 229 Cal. App. 4th 1025 (2014), [ enhanced version available to subscribers ] In John Davler , the California Court of Appeal held that a CGL Policy’s exclusion for employment-related practices barred... Read More

Peach Clobber: Georgia Appeals Court Knocks Out the “Assault & Battery” Exclusion
Posted on 14 Jun 2011 by Randy J. Maniloff

Another Court Uses the Presumption of Self-Defense to Find Coverage for an A&B Claim Randy J. Maniloff, White and Williams, LLP As a short guy with glasses, not to mention at one point in time having a keen interest in the Dewey Decimal System... Read More

The Vexing “Employee Exclusion” Issue: Is The Occasional Helper An “Employee”?
Posted on 28 Jan 2015 by Randy J. Maniloff

We’ve all seen this one. A person is injured at a work place and brings a claim against the party that hired him. However, the injured person is not an “employee” in the ordinary sense of the word. He is not someone who comes to work... Read More

Broad Interpretation Given To Liquor Liability Exclusion: New ISO Exclusion Not Needed
Posted on 17 Nov 2015 by Randy J. Maniloff

The Liquor Liability Exclusion, contained in commercial general liability policies, has been under attack. In general, some courts have held that the exclusion does not apply to the failure to prevent the excluded conduct. In other words, say a bar patron... Read More