News & Analysis as of

Negligence › Occurrence

Rivkin Radler LLP

August 2025 Insurance Update

Rivkin Radler LLP on

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

Cozen O'Connor

Intentional Act Without Intent to Harm May Not Be an Occurrence

Cozen O'Connor on

An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more

Kerr Russell

Understanding Your Professional Liability Insurance Policy

Kerr Russell on

Professional liability insurance is important to physicians for various reasons. Its primary purpose is to fund the costs to defend claims alleging professional negligence and to fund the payment of any loss determined by...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

Ervin Cohen & Jessup LLP on

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

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Ervin Cohen & Jessup LLP on

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Nutter McClennen & Fish LLP

Insurer Prohibited from Relitigating Issue 'Necessarily Determined' by Federal Court

Nutter McClennen & Fish LLP on

Judge Sanders granted partial summary judgment in favor of Raw Seafoods, Inc. (RSI), a seafood processor, in a coverage dispute with its insurer, Hanover Insurance Group (Hanover). Judge Sanders held that Hanover was bound by...more

Nossaman LLP

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

Nossaman LLP on

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

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