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Denial of Insurance Coverage Insurance Industry Liability Insurance

Goldberg Segalla

[Webinar] Time-Limited, Policy Limits Demand: Critical Issues Facing Insurers When Settling Third-Party Liability Claims - July...

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Join Goldberg Segalla partners Brady Yntema and Jeff Matty for an interactive webinar discussing critical issues facing insurers when presented with a time-limited, policy-limits demand to settle third-party liability claims...more

Morris, Manning & Martin, LLP

Insurer Must Defend Hotel from Allegations of Sex Trafficking, Northern District of Georgia Rules

In a recent opinion, the District Court for the Northern District of Georgia has ordered an insurer to defend an insured hotel from allegations that it negligently or intentionally permitted a minor to be trafficked for sex...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

Carr Maloney P.C. on

This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

Marshall Dennehey on

Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

In Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. February 27, 2023), the plaintiffs maintained a professional liability insurance policy with the Hanover defendants from October 2017 to...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

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The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Lowenstein Sandler LLP

Insurance Coverage Wargames: Avoiding the Landmine of Policy Rescission

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Claim disputes with insurers often turn on events occurring long before the loss itself. Insurers frequently deny coverage where they suspect that an insured may have had prior knowledge of events giving rise to a claim....more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical...

The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more

Wiley Rein LLP

Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy

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The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that an insurer was not obligated to provide coverage where the insured had provided notice of its claim after the end of the relevant...more

Payne & Fears

California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident

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In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong...more

Zelle  LLP

Opioid Case May Guide Climate Change Insurance Suits

Zelle LLP on

The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...more

Ervin Cohen & Jessup LLP

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more

Goldberg Segalla

[Webinar] Insurance Coverage for Wrongful Conviction Claims - April 21st, 12:00 pm - 1:00 pm ET

Goldberg Segalla on

Join Goldberg Segalla’s Adam R. Durst and Richard A. Galbo for an interactive webinar discussing the coverage available for wrongful conviction claims under various types of liability policies, as well as coverage issues...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

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Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Liability Insurance Policy/Petroleum Release: Federal District Court Addresses Notification Issue

A United States District Court (D. New Hampshire)(“Court”) addressed in an October 13th Memorandum and Order (“Order”) an issue arising out of a storage tank liability insurance policy. See TRT Development Company, Inc., et...more

Cozen O'Connor

Florida Creates Right of Contribution Among Liability Insurers for Defense Costs

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The Florida Legislature recently created a right of contribution among liability insurers for defense costs. Prior to the enactment of this legislation, it was long the law in Florida that there was no right to contribution...more

Haight Brown & Bonesteel LLP

Insurer Claiming Reimbursement for Cleanup Costs Entitled to Writ of Attachment Against Insured on Showing Probable Validity of...

In Santa Clara Waste Water Co. v. Allied World Nat'l. Assur. Co. (No. B279679, filed 12/20/17), a California appeals court affirmed the grant of a right to attach order and a writ of attachment against the policyholder for...more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Carlton Fields

Blowing the Whistle on Willful Misconduct: California Court holds that False Claims Act Suits Are Uninsurable Due to Public Policy

Carlton Fields on

Willful misconduct is uninsurable. It is a fundamental principle of insurance, and it makes sense to both the lay and the lawyerly. But few states go as far as to codify this principle in the insurance code. California is an...more

Carlton Fields

Greed is Not Good: The Personal Profit Exclusion

Carlton Fields on

As this blog has frequently discussed, many limitations and exclusions in liability policies address “moral hazard” situations by declining to provide insurance for bad behavior. One such exclusion is the “personal profit...more

Nossaman LLP

Liability Insurer Tries to Dodge Coverage Hiding Behind The Employee Exclusion

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Not long ago an owner of a four-unit apartment building, fully insured with a Landlord/Tenants package policy and Umbrella coverage, tendered an injury lawsuit to his insurance company. The insured had hired a roofer to...more

Carlton Fields

New Jersey Appellate Court Affirms Ruling That Solvent Insurers Not Responsible For Portions Of Insolvent Insurers

Carlton Fields on

Earlier this month, a New Jersey appellate court affirmed a lower court’s ruling that the insured, not solvent insurers, was responsible for the liability apportioned to policies not covered by New Jersey’s Property Liability...more

Carlton Fields

Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

Carlton Fields on

It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more

Carlton Fields

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

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So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his...more

Carlton Fields

NY Insurance Law 3420(d)(2) Is Strictly Enforced

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It is of paramount importance that liability insurers doing business in New York be aware of the heightened disclaimer obligations applicable to claims implicating Insurance Law § 3420(d)(2). The statute, which applies to...more

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