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Reed Smith LLP on Developments and New Directions in Coverage for Claims Related to the Telephone Consumer Protection Act

By John S. Vishneski, III and Robert Deegan, Attorneys, Reed Smith LLP The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, et seq . , protects consumers from unwanted calls, faxes, and text messages. This commentary first looks at insurance coverage claims relating...

The CGL “Business Risk” Exclusions

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, Inc. et al. v. Global Aerospace, Inc. , 680 F...

The Next Coverage Battle Looming?: Eliminating Coverage Under A “Standard” CGL Policy For Construction Site Bodily Injury Claims

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 provided (for the second time in six months) the...

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

North Counties Engineering, Inc. v. State Farm General Ins. Co. , 224 Cal. App. 4th 902 (2014), [ enhanced version available to lexis.com subscribers ]. In North Counties Engineering , the California Court of Appeal held that an insurer’s duty to defend its insured under a comprehensive business...

ISO Pull Up A Stool: Federal Appeals Court Offers A Different Way To, Er, Draft A Liquor Liability Exclusion

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 allege negligence or other wrongdoing in the supervision...

Why I Don’t Own A Stairmaster

In Landmark American Insurance Co. v. VO Remarketing Corp, No. 13-1386 (D. Colo. June 13, 2014), [ enhanced version available to lexis.com subscribers ], a Colorado federal court interpreted the terms “finally delivered” as used in the “auto exclusion” in ISO’s standard...

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

Am. States Ins. Co. v. Travelers Prop. Cas. Co. of Am. , 223 Cal. App. 4th 495 (2014), [ enhanced enhanced version available to lexis.com subscribers ]. In American States , the California Court of Appeal held that the primary purpose of a food truck was to serve as a mobile kitchen and was not to...

The Vexing “Employee Exclusion” Issue: Is The Occasional Helper An “Employee”?

We’ve all seen this one. A person is injured at a work place and brings a claim against the party that hired him. However, the injured person is not an “employee” in the ordinary sense of the word. He is not someone who comes to work on a regularly scheduled basis, either full-time...

CGL Policy’s “Employment-Related Practices Exclusion” Held to Preclude Coverage for Lawsuit Involving Claims of Sexual Harassment and False Imprisonment

John Davler, Inc. v. Arch Ins. Co. , 229 Cal. App. 4th 1025 (2014), [ enhanced version available to lexis.com subscribers ] In John Davler , the California Court of Appeal held that a CGL Policy’s exclusion for employment-related practices barred coverage for a sexual harassment lawsuit that...

Bar’s Policy That Excludes Assault & Battery Is Not Illusory

Tapas: Small Dishes of Insurance Coverage News & Notes It is not surprising that a bar owner, who did not pay a lot of attention to the ins and outs of his insurance, would be surprised to learn that his commercial general liability policy contained an Assault & Battery exclusion, as many...

Randy Spencer’s Open Mic – Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders

Not a day goes by it seems without news of a cyber attack resulting in the release of 4 trillion people’s personal information. It has gotten to the point where one’s identity could seemingly be stolen several times a month. Perhaps the solution for identify theft is to simply wait for your...

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers also face enormous exposure for bodily injury...

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general liability insurance (CGL), the type of policy purchased by virtually any business...

D&O Policies: A Possibility for TCPA Coverage?

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at least $500 for each fax, text or call. The prospect of lucrative recoveries...

Georgia Court Holds Coverage Triggered for Product Disparagement Claim

In its recent decision in Foliar Nutrients v. Nationwide Agribusiness Ins. Co ., 2015 U.S. Dist. LEXIS 125528, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (M.D. Ga. Sept. 21, 2015), the United States District Court for the Middle District of Georgia had occasion...

Farella Braun + Martel LLP: Claims For Defective Solar Panels Could Be Covered By General Liability Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging that certain models of panels are defective and need to be replaced. Class actions can be very expensive to defend, and the ultimate liability can also be significant, depending on the number of panels at...

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 is served alcohol, gets in his car and causes...