In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more
10/10/2017
/ All-Risks Insurance ,
Breach of Contract ,
Continuous Trigger Theory ,
Damages ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Proximate Cause
In Erie Insurance Property and Casualty Company v. Chaber, No. 16-0490 (W. Va. June 1, 2017), the Supreme Court of Appeals of West Virginia reversed a lower court’s decision, holding that damage caused by a landslide was...more
It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more
12/5/2016
/ All-Risks Insurance ,
Appeals ,
Construction Defects ,
Denial of Insurance Coverage ,
FL Supreme Court ,
Florida ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Limits ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Toxic Mold
A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more
9/12/2016
/ Airports ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Industry ,
Insurance Litigation ,
PCBs ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Summary Judgment
This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more