News & Analysis as of

Liability Insurance Occurrence

Zelle  LLP

“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger Theory Application for Asbestos-Related Claims

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Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Sheppard Mullin Richter & Hampton LLP

Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”

Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more

Nilan Johnson Lewis PA

10 Insurance Questions Personal Transportation Manufacturers Should Ask About Their Coverage

Nilan Johnson Lewis PA on

In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more

Cozen O'Connor

From Birdseed to Crop Dusting, Liability-Triggering Event Determines Number of Occurrences

Cozen O'Connor on

Texas applies the “cause” test to determine the number of accidents or occurrences, but its emphasis on the “liability-triggering event” requires an analysis of intervening causes. The Fifth Circuit Court of Appeals...more

Pillsbury - Policyholder Pulse blog

New York’s Highest Court Delivers a Blow to Policyholders in Allocation of Long-Tail Liability Coverage

The conflict between policyholders and insurers over “long-tail” insurance coverage took an unfortunate turn with a recent decision by the New York Court of Appeals on the issue of allocation for long-tail claims. On March...more

Goulston & Storrs PC

Biochemics, Inc. v. Axis Reinsurance Co.: When Does a D&O “Claim” Occur?

Goulston & Storrs PC on

A recent decision of the United States District Court for Massachusetts underscores the need for holders of director and officer (“D&O”) policies to provide timely – and early – notice of a claim, especially when the SEC...more

Proskauer Rose LLP

West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy

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This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v....more

Pillsbury Winthrop Shaw Pittman LLP

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

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