Insurance Law

Recent Posts

Court Rejects 10,000 Page Pollution Exclusion
Posted on 23 Jul 2015 by Randy J. Maniloff

When it comes to how insurers have fared in Indiana, in their attempts to enforce the pollution exclusion, they are the mouse inside the boa tank at the pet store. Ironically, it could be the exact opposite. All insurers have to do is draft the pollution... Read More

Appeals Court Swats Policyholders: Pollution Exclusion Applies To Flies
Posted on 26 Aug 2015 by Randy J. Maniloff

It has become difficult these days to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have many similarities. Does the exclusion apply narrowly and only to traditional environmental pollution... Read More

Court Stays Declaratory Relief Action Pending Resolution of the Underlying Action Based on a Finding that Application of Professional Services Exclusion Could Materially Impact the Underlying Action
Posted on 1 Sep 2015 by Troutman Sanders

In Golden Eagle , [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the Northern District of California granted an insured’s motion to stay proceedings in a declaratory relief action pending the resolution... 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

California Courts Maintain Position that EPL Policies Afford No Indemnity Coverage for Wage and Hour Claims
Posted on 24 Nov 2015 by Troutman Sanders

While some EPL policies explicitly provide defense coverage for wage and hour suits subject to a sublimit, virtually all EPL policies exclude indemnity coverage for wage and hour claims. Nonetheless, given the substantial rise in wage and hour class actions... 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

Prior Publication Exclusion Eliminates Coverage Under a General Liability Policy’s Advertising Injury Coverage for Trademark Infringement Claim
Posted on 3 Jun 2015 by Troutman Sanders

Street Surfing, LLC v. Great American E&S Ins. Co., 2014 U.S. App. LEXIS 21804 (9th Cir. Nov. 14, 2014) , [ enhanced version available to subscribers ]. In Street Surfing , the Ninth Circuit affirmed the District Court’s ruling... Read More

When Does Assault & Battery Exclusion Apply? Assault & Battery Exclusion Easy to Prove When Patrons Shot
Posted on 17 Jun 2015 by Barry Zalma

Places of public accommodation like bars, restaurants and hotels that serve alcoholic beverages are subject to rambunctious customers who may injure innocent customers. Insurers are loathe to insure risks where damage from assault or battery or the use... Read More

Insured vs. Insured Exclusion – One Insured Can’t Get a Defense When Sued by Another Insured
Posted on 22 Jun 2015 by Barry Zalma

Robert D. Redmond sued ACE American Insurance Company (“ACE”) after it refused to provide insurance coverage in connection with a civil suit Redmond’s former employer brought against him. The District Court dismissed Redmond’s... Read More

No Coverage For Participant In Drag Race
Posted on 13 Sep 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries... Read More

CaseWatch: Insurance - Decisions from The Insurance and Reinsurance Report - March 2011
Posted on 2 May 2011 by Admin subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Kartman v. State Farm Mutual Automobile Insurance Company 634... Read More

The Goofiest Coverage Case I Have Ever Seen
Posted on 7 Oct 2015 by Randy J. Maniloff

Some coverage decisions, addressing certain issues, never cease to amaze me. In fact, the more I see them the more my amazement grows. Acuity v. Reed & Associates, No. 15-2149, 2015 U.S. Dist. LEXIS 109412 (W.D. Tenn. Aug. 19, 2015), [subscribers... Read More

The Greatest Coverage Mysteries
Posted on 4 Jun 2015 by Randy J. Maniloff

For whatever reason, there have long been issues that cause confusion or are mysterious among those involved with coverage. To be clear, I’m not talking about the debate whether faulty workmanship is an “occurrence” or the pollution... Read More

To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claims
Posted on 11 Aug 2015 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Bituminous Casualty Corporation v. Plano Molding Company , 2015 IL App (2d) 140292, [subscribers can access an enhanced version of this opinion: | Lexis Advance ],the Illinois... Read More