News & Analysis as of

Commercial General Liability Policies Negligence

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Rivkin Radler LLP

May 2025 Insurance Update

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We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Pillsbury - Policyholder Pulse blog

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more

Rivkin Radler LLP

Insurance Update - June 2023

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Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more

Carlton Fields

No CGL Coverage for Opioid Distributor Sued for Economic Damages but Not Bodily Injury Damage

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In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Rivkin Radler LLP

Insurance Update - July 2022

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Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more

White and Williams LLP

MA SJC Rules Attorney’s Fees Awarded Under G. L. c. 93A Are Not Covered by Liability Policy

White and Williams LLP on

In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more

Goldberg Segalla

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

Goldberg Segalla on

Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

Lewitt Hackman

Franchisee 101: McDonald’s Cooks Up COVID-19 Insurance Coverage

Lewitt Hackman on

An insurance coverage case brought by McDonald’s and two of its franchisees (collectively, “McDonald’s”), raised a novel question in Illinois state court. The question was whether or not costs to comply with a mandatory...more

Cozen O'Connor

When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage

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When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Seyfarth Shaw LLP

Third-Party Claims in the Era of COVID-19: Exposure to Businesses and the “Safety Net” of Insurance

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As states push to re-open, retailers will be balancing the welcome prospect of renewed business and cash flow against the fear and cost of claims that could be made against them by customers, vendors, subcontractors, and...more

Robins Kaplan LLP

I’ve Reached My Limit: Exploring the Fire Damage Legal Liability Limit in Commercial General Liability Policies

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In the face of a fire that results in damage to multiple units of a commercial building, it can be difficult for insurers to determine the scope and extent of coverage available under a commercial general liability policy....more

Carlton Fields

A Lesson in Sticking to Your Guns: Court Reverses Course and Finds No Duty to Defend or Indemnify on a Motion for Reconsideration

Carlton Fields on

On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Ward and Smith, P.A.

Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!

Ward and Smith, P.A. on

A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into a clearly drafted lease agreement at the...more

Ward and Smith, P.A.

Why People Hire Personal Injury Attorneys

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Sadly, individuals are injured across North Carolina every day in many different ways. When injuries, or even deaths, happen, it often isn't the injured or deceased person's fault. In these cases, the injured person or...more

Pillsbury - Policyholder Pulse blog

Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or...more

Butler Weihmuller Katz Craig LLP

Drone Accident Excluded Under CGL Policy's Aircraft Exclusion

In Philadelphia Indemnity Insurance Co. v. Hollycal Production, Inc., Hollycal Production, Inc., was retained to take aerial photographs of a wedding that took place in April 2016. During the wedding, a drone operated by a...more

Farella Braun + Martel LLP

Florida Court Finds No CGL Coverage For Data Breach Claim

A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more

Bradley Arant Boult Cummings LLP

Federal Court Enters Powerful Duty to Defend Order in Maine

In addition to being a great place to find lobster, Maine may also be one of the country’s best jurisdictions for a policyholder seeking defense from its commercial general liability carrier. In Zurich American Ins. Co. v....more

Cozen O'Connor

California Holds Negligent Hiring, Retention, and Supervision Can State a Covered “Occurrence”

Cozen O'Connor on

In Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc., No. S236765 (Cal. Jun. 4, 2018), the California Supreme Court found that an insured sued on the basis that it negligently hired, retained, and...more

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