Suzanne Meintzer

Suzanne Meintzer

Wilson Elser

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Latest Posts › Commercial General Liability Policies


Tenth Circuit: Legal Characterization of Facts in Underlying Complaint Insufficient to Trigger the Duty to Defend

On July 30, 2015, the Tenth Circuit affirmed that an insurer that issued a commercial general liability policy with an auto exclusion for bodily injury arising out of the loading and unloading of an auto did not have a duty...more

8/11/2015 - Commercial General Liability Policies Duty to Defend Extrinsic Evidence Project Delivery Methods

Montana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice

On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule...more

6/10/2015 - Commercial General Liability Policies Construction Defects Denial of Insurance Coverage Late Notices MT Supreme Court Prejudice

Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data

In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information...more

5/20/2015 - Commercial General Liability Policies CT Supreme Court Data Breach IBM Insurance Litigation

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s...

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows...more

12/11/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Industry Construction Project Design Defects Duty to Defend General Contractors Occurrence Property Damage Property Insurance

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag

Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered - The Colorado Court of...more

9/27/2013 - Bad Faith Commercial General Liability Policies Damages Notice Prejudice Rule Prejudice Rebuttable Presumptions

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