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

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

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

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

Trespass Can Never be an Accident
Posted on 10 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance Is Insurance is a contract where a person (the insurer) agrees to indemnify another (the insured) against certain defined risks of loss, damage, or liability arising from a contingent or unknown... 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 subscribers ] -- just what is a commercial general liability insurance policy anyway -- isn’t... 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 subscribers ]. In American States , the California Court of Appeal held that the primary purpose of a food truck... 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

The Next Coverage Battle Looming?: Eliminating Coverage Under A “Standard” CGL Policy For Construction Site Bodily Injury Claims
Posted on 27 May 2014 by Randy J. Maniloff

Over the past few years insurers have been taking various affirmative steps, such as adding endorsements, to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). The Eleventh Circuit just... Read More

"Blast Fax" TCPA Damages Covered Under CGL Policy
Posted on 22 Nov 2013 by Seth Lamden

In Standard Mutual Insurance Co, v. Lay , 2013 IL 114617 [ enhanced version available to subscribers ], the court held that damages awarded pursuant to the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(3) (the “TCPA”... Read More

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