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Troutman Sanders
Insurer Satisfied Duty to Defend By Obtaining Dismissal of Counterclaim Without Prejudice

In Haskins , the court granted the insurer’s (“Wausau”) motion for summary judgment, finding that it did not breach its duty to defend the insured (“Haskins”) in connection with an underlying environmental cleanup action...

Troutman Sanders
Insured Not Entitled to Coverage for Third Party Loss Where Indemnity Policy’s Coverage Grants Require “Direct Loss”

In Taylor v. Fed. Ins. Co. , the court held that the insured, an accounting firm that performed business management services, account oversight and tax planning, could not show it was entitled to coverage because the losses of client funds did not qualify...

Steptoe & Johnson PLLC
West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work

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.com | Lexis...

Randy J. Maniloff
Sexual Abuse Can Be Within the Scope of Professional Liability Coverage

Tapas: Small Dishes of Insurance Coverage News & Notes For lots of reasons, securing coverage, under a professional liability policy, for sexual abuse, is going to be an uphill battle. But as a Connecticut federal court recently explained, under...

Troutman Sanders
Relatedness of Claims is Not Properly Addressed on a Motion to Dismiss Where it Involves a Factual Inquiry

Originally published in California Insurance Law Review - 2015 11.03.15 In Rancho Tehama , the district court held that, under the facts of the case before it, relatedness of claims could not be properly addressed on a motion to dismiss because it...

Randy J. Maniloff
Broad Interpretation Given To Liquor Liability Exclusion: New ISO Exclusion Not Needed

The Liquor Liability Exclusion, contained in commercial general liability policies, has been under attack. In general, some courts have held that the exclusion does not apply to the failure to prevent the excluded conduct. In other words, say a bar patron...