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 lexis.com subscribers ]. In North Counties Engineering , the California Court of Appeal held that an insurer’s... Read More

Insurer Had No Duty to Defend or Indemnify Trademark Infringement Claim Because It Fell Within the Scope of an Intellectual Property Exclusion
Posted on 26 Aug 2014 by Troutman Sanders

North Coast Med., Inc. v. Hartford Fire Ins. Co. , 2014 U.S. Dist. LEXIS 20701 (N.D. Cal. Feb. 17, 2014), [ enhanced version available to lexis.com subscribers ]. In North Coast Medical , the district court held that the insurer had no duty to defend... Read More

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory
Posted on 14 Nov 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC... Read More

Professional Services Exclusion in a D&O Policy Barred Coverage for Underlying Claims for Failure to Render Payroll Services
Posted on 24 Nov 2015 by Troutman Sanders

In Begun v. Scottsdale Ins. Co. , the Ninth Circuit affirmed the district court’s determination that a professional service exclusion in a D&O policy precluded coverage for former directors of a payroll services company that allegedly stole... 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

No Reasonable Person Would Believe Contract Exclusion Applies to Wrongful Eviction
Posted on 6 May 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In John Doyle Trust, et al. v. Country Mutual Insurance Co ., 2014 IL App (2d) 121238, [ enhanced version available to lexis.com subscribers ], the Illinois appellate court affirmed summary... Read More

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim
Posted on 11 Apr 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District... Read More