General Business Personal Injury Insurance

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Supreme Court of Tasmania reminds insurers how to interpret common exclusion clauses

In Hammersley v National Transport Insurance, the Full Court of Tasmania’s Supreme Court examined the authorities on the meaning of “accidental”, “recklessness” and “used in an unsafe or unroadworthy condition” – terms which...more

Connecticut Affirms Personal Injury Coverage for Data Breach Requires Actual Publication

As expected, the Connecticut Supreme Court has affirmed decisions by both the trial court and intermediate appellate court that personal injury liability coverage for a business’s data loss or theft requires publication as a...more

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident...more

Middle District of Pennsylvania: Possibility of Bad Faith Exists Despite Payment of Claim Where Insured Alleges Untimely Claims...

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015). Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material...more

New York Court Holds Parking Lot Exclusion Inapplicable

In its recent decision in Lancer Indem. Co. v JKH Realty Group, LLC, 2015 N.Y. App. Div. LEXIS 3293 (N.Y. 2d Dep’t Apr. 22, 2015), the New York Appellate Division, Second Department, had occasion to consider the application...more

Read Insurance Policy as Drafted, Not as Insurance Company “Wishes It Had Drafted It”

Confronted with an ambiguity in its own insurance policy, an insurance company will sometimes attempt to rewrite its policy long after it first issued that policy. Last week, the Pennsylvania Superior Court again rejected...more

Connecticut Supreme Court Likely To Affirm Personal Injury Coverage For Data Breach Requires Actual Publication To Third Parties

The Connecticut Supreme Court heard oral arguments Monday April 27th on an appeal testing the scope of coverage afforded for a business’s data loss or theft events under its Commercial General Liability insurance’s “Personal...more

Insurers Pay to Avoid a Precedent Finding CGL Coverage for a Cyberbreach – the Zurich v. Sony Settlement

It was reported today that the widely-watched data breach case, Zurich American Ins. Co., et al  v. Sony Corp. of America (N.Y. Sup. Ct. Feb. 21, 2014), has been settled before the New York appellate court could issue an...more

Illinois Supreme Court Addresses Duty of Care Owed by Insurance Agents

On March 19, 2015, in its decision in Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. Mar. 19, 2015), the Illinois Supreme Court affirmed an appellate court decision holding that Section 2-2201 of the Illinois Code...more

Newman v. Cornerstone - Insurer's Offer of UIM Need Not Specify Its Cost

Newman was injured in a motor vehicle accident for which the at-fault driver carried insufficient insurance to compensate her for her damages. Therefore, she sought UIM coverage from her insurer, Cornerstone. Cornerstone...more

Nature Of Reinsurance Relationship Precludes Dismissal Of Negligence Claim Brought By Reinsurer Against Cedent

A federal district court has denied a cedent’s motion to dismiss a negligence claim brought against it by its reinsurer, Old Republic National Title Insurance. The dispute between Old Republic and First American Title arose...more

Vermont Supreme Court Rejects Traditional Environmental Harm Limitation for Pollution Exclusion

In its recent decision in Cincinnati Specialty Underwriters Ins. Co. v. Energy Wise Homes, Inc., 2015 VT 52 (Vt. Apr. 3, 2015), the Supreme Court of Vermont had occasion to consider whether a pollution exclusion is limited to...more

Construction Case Law Update - April 2015

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

Court Rejects Attenuated Argument of Automobile Insurer Liability

Just how attenuated is too attenuated for a driver’s conduct outside the vehicle to be covered by the auto policy covering the vehicle? In Hough v. McKiernan, the Supreme Court of Rhode Island drew the line at about...more

Insurance – Duty to Defend

Gonzalez v. Fire Insurance Exchange, et al. - Court of Appeal, Sixth Appellate District (March 4, 2015) - Typically, claims of sexual assault or claims related to sexual assault are not covered under a standard...more

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

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

Illinois Supreme Court Holds Captive Insurance Agents Owe Limited Tort Duty to Clients

Section 2-2201 of the Code of Civil Procedure provides that “[a]n insurance producer . . . shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed...more

Nevada Court Holds Multiple Deaths Resulted From Single Occurrence

In its recent decision in Century Sur. Co. v. Casino W., 2015 U.S. Dist. LEXIS 39482 (D. Nev. Mar. 27, 2015), the United States District Court for the District of Nevada had occasion to consider whether multiple fatalities...more

Appellate Court Rules On Loss Allocation And Notice Disputes Concerning Reinsurance Claim

A New York appellate court affirmed the denial of summary judgment but with modifications. New Hampshire Insurance Company (“New Hampshire”) together with other insurers, settled with Kaiser Aluminum & Chemical Corporation...more

Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy - Nationwide Mutual Insurance Co. v. Gum Tree...

Finding that the specific allegations made in a plaintiff’s civil petition filed against an insurance policy holder did not meet the specifications of the insured’s policy, the U.S. Court of Appeals for the Fifth Circuit...more

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

New Jersey Supreme Court Upholds “Fairly Debatable” Standard for Establishing Insurer Bad Faith for Uninsured Motorist Coverage

In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more

Cancellation and Delay Waive Right to Later Rescind Ab Initio

In DuBeck v. Cal. Physicians' Service (No. B250129, filed 3/5/15), a California appeals court held that Blue Shield’s initial decision to cancel a healthcare policy for application misrepresentations constituted a waiver of...more

Court Finds Potential for Personal Umbrella Coverage of Sexual Assault Not Covered by Underlying Homeowners Policy

In Gonzalez v. Fire Insurance Exchange (No. H039368, filed 2/5/15), a California appeals court ruled that a personal umbrella policy's broader coverage gave rise to a duty to defend sexual molestation allegations that were...more

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

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