Insurance Law

Recent Posts

The 10 Most Significant Liability Coverage Cases – Of All Time
Posted on 19 Feb 2015 by Randy J. Maniloff

I have spent fourteen years coming up with a list of the ten most significant liability coverage cases of that year. In all that time it never occurred to me, until now, to put together a list of the ten most significant coverage cases of all-time. These... Read More

The Selection Process: Ten Most Significant Coverage Decisions Of 2014
Posted on 8 Dec 2014 by Randy J. Maniloff

Welcome to the 14th annual look back at the year’s ten most significant insurance coverage decisions. As I always do at the outset, here is my description of the selection process (repeated from past years’ editions). The process is highly... Read More

Pollution Exclusion and Lead: Supreme Court Declines To Follow Some Others’ Lead
Posted on 3 Nov 2014 by Randy J. Maniloff

It has become difficult to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have so many similarities. As a result I’ve resorted to discussing cases that address whether the pollution... Read More

No Nonsense Application of Plain Meaning of Exclusion – Reasonable Expectations Can’t Be Used to Change an Unambiguous Policy Exclusion
Posted on 18 Aug 2015 by Barry Zalma

Everyone wants to live peacefully and happily in their homes. When a neighboring business causes fumes to travel to your property and make you live with noxious odors the chance to live peacefully and happily is lost. Litigation becomes certain and insurance... Read More

I’m Not Lion: Court Holds That Cat Urine Not Precluded By Pollution Exclusion – Case More Enjoyable Than Cats
Posted on 9 Jun 2015 by Randy J. Maniloff

Pollution Exclusion cases have become so abundant, and similar, that I’ve taken to limiting my discussion of them in Coverage Opinions to the ones that are truly unique. (See CO, __ (trust me)). Mellin v. Northern Security Insurance Co., No 2014... Read More

Appeal Court Rejects Pollution Exclusion in Oil Overflow
Posted on 25 Nov 2014 by Dianne Saxe

By Jennifer Kalnins Temple In O’Byrne et al. v. Farmers’ Mutual Insurance Company (Lindsay) , 2014 ONCA 543, the Ontario Court of Appeal has forced an insurer to pay for a fuel oil cleanup after a spill, despite a pollution exclusion clause... Read More

Insurer Cherry Bombs: Court Holds That Pollution Exclusion Does Not Apply To Fireworks [Yes, Fireworks]
Posted on 10 Sep 2014 by Randy J. Maniloff

One of the things that makes the pollution exclusion such a fan-favorite is that its applicability is sometimes tested against unusual substances, i.e., ones that don’t necessarily shout pollution when come across. For example, just since 2011,... Read More

When The Duty To Indemnify Is Broader Than The Duty To Defend
Posted on 17 Jul 2014 by Randy J. Maniloff

When it comes to coverage principles this one is as black as coal: the duty to defend is broader than the duty to indemnify and if an insurer does not have a duty to defend, it does not have a duty to indemnify. But in Texas it can be a different story... Read More