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Corporate Counsel › Insurance Litigation › Commercial General Liability Policies

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

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IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

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In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

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After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

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The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Winthrop & Weinstine, P.A.

Eighth Circuit Reinforces Trend Denying Insurance Coverage for COVID-related Loss

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In the wake of COVID-19 and governmental closure orders, many businesses were forced to temporarily suspend their operations. Consequently, many consumer-facing businesses lost out on a significant source of income. As...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

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Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

White and Williams LLP

CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”?

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There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the barn. ...more

Hinshaw & Culbertson LLP

Insurers Take Steps to Reduce Silent Cyber Exposure

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As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

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An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Troutman Pepper Locke

Santa Hurries Down CGL Carriers’ Chimneys – Court Finds Drones are Aircraft and Excluded in Important New Coverage Decision

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In what is believed to be a first-of-its-kind decision, the U.S. District Court for the Central District of California recently issued an opinion denying coverage for a personal injury lawsuit against a drone operator based...more

Poyner Spruill LLP

The Art of (Cyber) War, Or How A Little Known Policy Exclusion Can Nullify Your Insurance Coverage

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In June 2017, the NotPetya virus crippled many large companies including Merck and Mondelez (the manufacturer of Nabisco, Cadbury, and Toblerone). The aggregated losses, including property damage, operational disruptions, and...more

Pillsbury - Policyholder Pulse blog

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

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By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more

Bradley Arant Boult Cummings LLP

Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

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A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

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As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Foley & Lardner LLP

D&O Policies: A Possibility for TCPA Coverage?

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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...more

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