Commercial General Liability Policies

News & Analysis as of

Defray the Costs of CFPB Actions by Utilizing Your Insurance Portfolio

Each year since its creation in 2011, the Consumer Financial Protection Bureau (“CFPB”) has steadily increased the number of investigations and enforcement actions commenced against financial companies. These investigations...more

Labor Depreciation Class Actions Heating Up Across The Country

Class action litigation is spreading across the country involving the application of depreciation in calculating the actual cash value of property damage under homeowners and commercial property insurance policies. This blog...more

Pennsylvania Court Holds Faulty Workmanship Not an Occurrence

In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania, applying Wisconsin law, had...more

USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications

Before 2008, the greater Dallas Fort Worth area, known as the Fort Worth Basin, was almost entirely void of seismic activity. Between 1950 and 2008, the only seismic activity on record was an insignificant event that experts...more

Proving Your Business Income Loss: Defeating Insurance Company Challenges to Policyholder Evidence

Courts commonly observe that the purpose of Business Interruption or Business Income insurance is to put the policyholder in the same position it would have been in had there been no interruption. The Business Interruption...more

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

Can A House Be An Advertisement? The 5th Circ. Thinks So

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith...

Granite State Ins. Co. v. Integrity Structures, LLC, No. C14-5085BHS, 2015 WL 136006 (W.D. Wash. Jan. 9, 2015). The U.S. District Court for the Western District of Washington held that an insurer did not act in bad faith...more

The Construction Advantage – Issue 14

Welcome to the fourteenth edition of The Construction Advantage! In this issue, we bring you cases of economic loss doctrine, binding arbitration, and CGL exclusions. We hope that you enjoy our newsletter, and we welcome any...more

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to...

Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn....more

(UK) Rates and Refurbishments - when is a building in repair?

The question of how to value a building which is undergoing substantial refurbishment came before the Court of Appeal who ruled yesterday that the Valuation Tribunal had wrongly attributed a rateable value of £1 to offices...more

Texas Court Holds No Duty to Defend Claims of Monopolistic Practices

In its recent decision in Uretek United States v. Cont’l Cas. Co., 2015 U.S. Dist. LEXIS 18610 (S.D. Tex. Feb. 17, 2015), the United States District Court for the Southern District of Texas had occasion to consider a general...more

Insurance Recovery Law - February 2015

California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage - Why it matters: In a victory for policyholders—and a continuation of the trend of courts adopting a broad reading of the term “occurrence”...more

Construction Case Law Update - February 2015 #2

Commercial General Liability Insurance Policies; Construction Defects; Self Insured Retention Amount; Subrogation; “Made Whole Doctrine” – Under the “made whole doctrine,” an insured has no affirmative right to recover...more

The Pennsylvania Superior Court Continues to Muddle the Answer to the Question of When Faulty Workmanship is an “Occurrence” Under...

Pennsylvania courts continue to struggle with complex concepts underpinning when faulty workmanship can be an “occurrence” triggering coverage under Commercial General Liability (“CGL”) policies. In Kvaerner Metals Division...more

Court Confirms Insurer Permitted to Choose Counsel in Discharging Duty to Defend

An insurer’s duty to defend and how that duty gets discharged may be one of the most frequently litigated coverage issues. Although typical policies afford insurers the right to control their insureds’ defense, insureds...more

Trends To Watch In Cyber Liability and Reputational Insurance

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber...more

Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion

In recent years, there have been several notable large data breaches that have caught the attention of the media. Home Depot and Target are examples of major corporations that have been hacked. ...more

Pennsylvania Supreme Court Holds First Manifestation Coverage Trigger Applies to Property Damage Case

In Penn Nat’l Mut’l Ins. Co. v. St. John, 2014 Pa LEXIS 3313 (Pa Dec. 15, 2014), the Supreme Court of Pennsylvania held that coverage was triggered under a commercial general liability (“CGL”) policy “when property damage...more

Harmonizing Risk Transfer: Avoiding Pitfalls With Additional Insured Provisions

A contractual additional insured provision is an important tool in managing risks. Historically seen in construction contracts, additional insured provisions now appear in many other types of contracts, including those...more

Post claims Underwriting– Can Insurers Increase the Self Insured Retention Based on a Claim?

Insurers have generally two departments: underwriting and claims. Underwriters negotiate the terms of the offer of insurance and include, in their internal analysis, how much risk the insurer wants to accept and at what...more

Insured’s Noncompliance With Notice Provision Prohibits Judgment Creditor From Collecting

In its Memorandum and Recommendation on Defendant’s Motion to Dismiss in Kipp Flores Architects, LLC v. Mid-Continent Casualty Company, case number 4:14-cv-02702 (S.D. Tex. Jan. 9, 2015), the United States District Court for...more

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