Insurance Law

Recent Posts

Understanding The “Your Work” Exclusion In CGL Insurance Policies
Posted on 19 Mar 2014 by Vandeventer Black LLP

By attorney Maggie Finnegan Most construction contracts require contractors to carry CGL insurance to cover potential liability due to property damage and bodily injury. However, it is important to note that CGL policies often include numerous policy... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – What Could Have Been For The Contractual Liability Exclusion
Posted on 9 Dec 2014 by Randy J. Maniloff

Ewing Construction Company v. Amerisure Insurance Company, 420 S.W.3d 30 (Tex. 2014), [ enhanced version available to lexis.com subscribers ], is a funny case. Not funny ha ha. Funny strange. The Texas Supreme Court’s decision was a very easy... Read More

When Is an Exclusion “Conspicuous, Plain and Clear”: There Is No Duty to Defend if There Is No Potential for Coverage
Posted on 20 Apr 2015 by Barry Zalma

Insurance policies must be interpreted with care. Since they are contracts of adhesion they are usually interpreted with a bias towards providing coverage for the insured. When an insured provides the information necessary to convince a court that there... Read More

Professional Services Exclusion Did Not Preclude Coverage for Misrepresentation Claim Against Insured
Posted on 18 Aug 2015 by Troutman Sanders

Corky McMillin Constr. Servs. v. U.S. Specialty Ins. Co. , 597 Fed. Appx. 925 (9th Cir. 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In Corky McMillin , the Ninth Circuit, applying California law... Read More

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

Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist
Posted on 30 Jul 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill SUMMARY: Wednesday, the Supreme Court of South Carolina issued its decision in Bennett & Bennett Const., Inc. v. Auto Owners Ins. Co. , 2013 S.C. LEXIS 170 (S.C. 2013), holding that Commercial General... Read More

Principles Have An A.L.Eye On The “Innocent Co-Insured” Rules: Set Sights On Adoption Of The Minority Position
Posted on 27 Oct 2014 by Randy J. Maniloff

Lately I’ve been using the forum that Coverage Opinions provides me to take issue with certain draft sections of the American Law Institute’s “Principles of the Law of Liability Insurance” Project. In general, my beef has been... 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

Business Pursuits Exclusion: Always Something Interesting
Posted on 3 Sep 2015 by Randy J. Maniloff

Cases involving the potential applicability of a Business Pursuits exclusion, in a homeowners policy, can be interesting. Some people operate a variety of unusual home-based businesses. Suit is filed against the homeowner. He or she seeks coverage under... Read More

Don’t Let a Viable Defendant Walk Free
Posted on 7 May 2014 by Barry Zalma

I have many times in this space cautioned against giving up the ability to sue and collect from a viable defendant with assets to seek damages from an insurer. In Jennifer A. Stephens, as Personal Representative of the Estate of Charles Eugene Becker... Read More

No Cover for Incorrectly Performed Work: Insurance is Not a Guarantee of Good Workmanship
Posted on 13 Apr 2015 by Barry Zalma

Contractors and developers purchase insurance to protect against bodily injury or property damage caused by their negligence. It does not, nor could it do so and still be insurance, guarantee the quality of workmanship of the insured. The policies clearly... Read More

Insured v. Insured Exclusion Held Ambiguous With Regard to Claims by the FDIC as Receiver
Posted on 18 May 2015 by Troutman Sanders

St. Paul Mercury Ins. Co. v. Hahn , 2014 U.S. Dist. LEXIS 153643 (C.D. Cal. October 8, 2014), [ enhanced version available to lexis.com subscribers ]. In Hahn, the Central District of California ruled that the claims of the FDIC as receiver for a failed... Read More

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation
Posted on 19 Sep 2013 by Brian Margolies

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp ., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of... Read More

Ewing’s Undoing’s Ungluing: Appeals Court Follows Ewing And Holds That Contractual Liability Exclusion Precludes Coverage For Construction Defect Claim
Posted on 28 Aug 2014 by Randy J. Maniloff

In January, the Supreme Court of Texas, in easily one of the most important coverage cases of 2014, held in Ewing Construction Co. v. Amerisure Insurance Co., [ enhanced version available to lexis.com subscribers ], that the “contractual liability”... Read More