Insurance Law

Recent Posts

West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work
Posted on 18 Nov 2015 by Steptoe & Johnson PLLC

In yet another decision arising from the construction of a home, the West Virginia Supreme Court of Appeals (“WVSCA”) in SER Nationwide v. Wilson , No. 15-0424, [subscribers can access an enhanced version of this opinion: | Lexis... Read More

Counterclaim Asserted Against Insured in Underlying Environmental Cleanup Action Triggered Duty to Defend
Posted on 8 Sep 2015 by Troutman Sanders

In Haskins , [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the Northern District of California held that the insurer’s duty to defend under a CGL policy was triggered by a counterclaim asserted against... Read More

Mealey’s Insurance — Jury Awards $4.5 Million To Homeowners’ Class For Insurer’s Bad Faith (Trial Videos Available)
Posted on 17 Feb 2015 by Shawn Rice

RENO, Nev. — (Mealey’s) A jury in the Washoe County, Nevada, Second Judicial District Court on Feb. 13 awarded $4.5 million in compensatory damages for a commercial general liability insurer’s breach of its duty of good faith and fair... Read More

Insurer Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
Posted on 3 Sep 2015 by Troutman Sanders

In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American... Read More

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury
Posted on 17 Aug 2011 by Jason M. Alexander and David A. Thomas

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee... Read More

Construction Defects as an ‘Occurrence’: State Legislatures Weigh In
Posted on 2 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Edwin L. Doernberger and Theresa A. Guertin, Attorneys, Saxe Doernberger & Vita, P.C. In their article appearing in the November/December 2011 issue of Coverage, "Construction Defects as an 'Occurrence': State Legislatures Weigh... 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

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

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

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

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

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