News & Analysis as of

Commercial General Liability Policies

Recent Case Highlights Insurance Recovery Strategies and Pitfalls for Commercial Policyholders

A recent Minnesota coverage decision provides guideposts for a commercial policyholder’s proper handling of an insurance claim as well as a cautionary tale regarding an excess insurer’s attempt to readjudicate liability in a...more

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go...more

Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s...more

Disparagement Allegations May Trigger Valuable Coverage

A recent case we handled highlights the importance of reading a complaint’s allegations very carefully. Competitors in high-stakes litigation may file complaints and cross-complaints against each other alleging a variety of...more

Insurance Coverage for Global Warming Liability – An Increasingly Hot Topic

by Reed Smith on

Three recent California lawsuits against some of the country’s largest energy companies represent the latest effort by civil litigants to obtain legal relief for damages allegedly sustained because of climate change. Although...more

Massachusetts Court Holds Upholds Exclusion Applicable to Personal and Advertising Injury

In its recent decision in National Union Fire Ins. Co. v. Town of Norwood, 2017 U.S. Dist. LEXIS 116638 (D. Mass. July 26, 2017), the United States District Court for the District of Massachusetts had occasion to consider the...more

The Importance of Careful Coverage Analysis

Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor....more

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

by Carlton Fields on

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

The New 2017 AIA Contract Forms Add Exhibit A Requiring Greater Specificity in Contractually Required Insurance

by Pierce Atwood LLP on

In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more...more

The Art of (Cyber) War

by Blank Rome LLP on

Today’s political climate is rife with reminders about the importance of data privacy and cybersecurity. According to the World Economic Forum’s 2017 Global Risks Report, the greatest technological risks facing the world...more

When an Assault Really Is an Assault... A Sequel

by Nexsen Pruet, PLLC on

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

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

by K&L Gates LLP on

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

Your Contract Requires You To Be Named as an Additional Insured: Are You?

by Reed Smith on

Last week, New York joined the ranks of several states that may limit a government contractor’s access to insurance coverage despite being added, as set forth in the contract, as an “additional insured” under a prime or...more

New York Court Holds General Liability Insurer Has Duty to Defend Odor Claim

In its recent decision in Hillcrest Coatings, Inc. v. Colony Ins. Co., 2017 N.Y. App. Div. LEXIS 4519 (N.Y. 4th Dep’t June 9, 2017), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion to...more

Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies....more

New York’s Highest Court Applies Proximate Cause Test To Additional Insured Endorsement

In The Burlington Insurance Company v. NYC Transit Authority, et al., (N.Y. June 6, 2017), the New York Court of Appeals – New York’s highest court – held that when an insurance policy states that additional insured coverage...more

Second Circuit Holds Pollution Exclusion Applicable to Sewage-Related Claims

In its recent decision in Cincinnati Inc. Co. v. Roy’s Plumbing, Inc., 2017 U.S. App. LEXIS 9729 (2d Cir. May 31, 2017), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Absolute Pollution Exclusion—Not So Absolute

by Perkins Coie on

Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v....more

No More Tears: Insurance Coverage For The "WannaCry" Ransomware Attack

by Jones Day on

This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more

California’s Insurance Commissioner Encourages Admitted Carriers to Insure Cannabis Risks

by Wilson Elser on

Members of Wilson Elser’s Cannabis Law practice attended a teleconference led by California Insurance Commissioner Dave Jones with 63 insurance industry stakeholders on May 22, 2017, to discuss insurance requirements set...more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

by Pessin Katz Law, P.A. on

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. §...more

Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make

by Carlton Fields on

After previously holding that various claims against the insured, Pella, alleged property damage caused by an “occurrence,” thus triggering Liberty Mutual Insurance Company’s (“Liberty”) coverage obligations under various CGL...more

Media Law Bulletin

by Sedgwick LLP on

Depending on the source, between one half to two-thirds of adults in the United States take a dietary supplement of some kind every day. A dietary supplement is a product for ingestion that contains a dietary ingredient...more

"Privacy & Cybersecurity Update - April 2017"

In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more

Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion

In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates...more

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Cybersecurity

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