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Insurance Litigation Negligence Commercial General Liability Policies

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

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

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

Goldberg Segalla

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

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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

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

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

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.

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

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

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

Butler Weihmuller Katz Craig LLP

Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers

Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) - In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

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When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Butler Weihmuller Katz Craig LLP

A Theoretical Safety on the Trigger of the Duty to Defend

The Eleventh Circuit of the United States Court of Appeals recently decided Selective Insurance Company of the Southeast v. William P. White Racing Stables, Inc., et al., 2017 WL 6368843 (December 13, 2017), a case addressing...more

Butler Snow LLP

Finally, a happy Additional Insured!

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We have noted, again and again, examples of disappointed Additional Insureds. Today we report that at least one Additional Insured has left the Courthouse smiling. It was, however, to paraphrase Wellington, a near-run...more

Carlton Fields

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

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On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

K&L Gates LLP

Policyholders Beware: New York Court of Appeals Restricts Additional Insured Coverage Under Common Policy Endorsement to Injuries...

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Recently, the New York Court of Appeals, in Burlington Insurance Company v. NYC Transit Authority, held that a common insurance policy endorsement extending coverage to additional insureds for liability for bodily injury...more

Hinshaw & Culbertson LLP

Insurance Producer Had No Duty to Review Insured's Application for Replacement Coverage and Explain the Application to the Insured

Professional Lines Alert - Office Furnishings, Ltd. v. A.F. Crissie & Co., No. 1-14-1724 (Illinois Appellate Court, 1st Dist. December 16, 2015) - Plaintiff was the occupant of a warehouse/office space where a...more

Carlton Fields

Accrual to be Kind: Pennsylvania Appellate Court Addresses Statute of Limitations for Declaratory Claim

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A Pennsylvania appeals court recently addressed a nuanced procedural question: the applicable statute of limitations in a declaratory action of a coverage dispute. In Selective Way Ins. Co. v. Hospitality Group Svcs, Inc.,...more

Nossaman LLP

Insurers Argue Damage by Meteor is all that is Covered in a CGL

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In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling...more

Troutman Pepper

Pennsylvania Supreme Court Denies Appeal In Coverage Dispute; Superior Court Decision Recognizing a Duty to Defend Where Tort...

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In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more

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