Insurance Law

Recent Posts

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”
Posted on 31 May 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill On May 3, the Supreme Court of Alabama's issued its decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc. , --- So.3d ---- , 2013 Ala. LEXIS 42 (2013) [ enhanced version... Read More

I See Dead People Causing Coverage Disputes
Posted on 12 May 2014 by Randy J. Maniloff

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go... Read More

A Really Curious Coverage Case
Posted on 27 Jul 2015 by Randy J. Maniloff

Regular readers of CO know that I constantly discuss how challenging “what is an accident” cases can be. The question whether an event qualifies as an “accident,” to trigger liability coverage, is the oldest and one of the most... Read More

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense
Posted on 5 Feb 2015 by Troutman Sanders

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person... Read More

Killing Two Is Not an Accident – Three Shots at Head Not an Occurrence
Posted on 4 Nov 2014 by Barry Zalma

After State Farm intervened in a wrongful death action the trial court granted the insurer summary judgment and found State Farm owed neither defense nor indemnity to a person who was convicted of negligently killing two people by firing three shots at... Read More

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”
Posted on 26 Aug 2014 by Troutman Sanders

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to lexis.com subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the... Read More

Interesting Case In The “What’s An Accident?” Category
Posted on 2 Mar 2015 by Randy J. Maniloff

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are... 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

Can Murder Ever Be Accidental? – Tenant is Not an Insured
Posted on 5 Aug 2015 by Barry Zalma

By definition liability insurance never applies to an intentional act. When a person rents a room in her house to a convicted felon with a history of violence and then gives the tenant a gun to use as he desires, she cannot claim that when the felon kills... Read More

Insurance Coverage and Anger Management
Posted on 11 Sep 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes A Wisconsin appeals court held in Szerbowski v. Trinka, No. 2014AP2493 (Wis. Ct. App. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance... Read More

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue
Posted on 14 Nov 2011 by Randy J. Maniloff

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting ... 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

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue
Posted on 14 Nov 2011 by Randy J. Maniloff

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting... Read More