News & Analysis as of

The New York Court of Appeals Considers the Consequences of a Liability Insurer’s Breach of the Duty to Defend

What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on...more

Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement

In Woodward, L.L.C. v. Acceptance Indemnity Insurance Company, WL 535726 (5th Cir. 2014), the Fifth Circuit Court of Appeals held the insurer had no duty to defend the contractor named as an additional insured under a...more

With Tax Season Looming, Appellate Division Refuses to Find Duty to Defend Against IRS Action

In William B. Kessler Memorial Hosp., Inc. v. North River Ins. Co., 2013 WL 6036678 (N.J. Super. Nov. 15, 2013), the Superior Court of New Jersey, Appellate Division, rejected the notion that an insurer’s promise to “defend...more

Texas Supreme Court Rejects Insurer Attempt to Expand Limited Insurance Exclusion for Liability Assumed by Contract, Holding that...

In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many...more

When Eight Corners Is Just Not Enough: Fifth Circuit Offers Latest Interpretation of Exception to the Eight Corners Rule

On January 8, 2014, the Fifth Circuit announced its latest guidance on an issue of great importance to insurance carriers doing business in Texas. In Star-Tex Resources, L.L.C. v. Granite State Ins. Co., 2014 WL 60192 (5th...more

Policy Observer - December 2013

Time for a Change? California Revisits Henkel on Coverage for Contractually Acquired Liabilities - The California Supreme Court’s unexpected decision earlier this year to accept review of Fluor Corp. v. Superior Court,...more

Title Insurer Has No Duty to Defend Against Predatory Lending Suit, Massachusetts Supreme Judicial Court Rules

What you need to know: The Massachusetts Supreme Judicial Court ruled that a title insurer’s duty to defend is triggered only where the policy specifically envisions the type of loss alleged — a standard narrower than...more

Second Circuit Holds Insurer Has Duty to Defend but Not Indemnify, Due to Legal Uncertainty about Coverage at Time of Tender

The Second Circuit recently held that an insurer owed a duty to defend under the “advertising injury” section of a commercial general liability (CGL) policy because sufficient legal uncertainty about the policy’s definition...more

Maine Federal Court Holds Assault and Battery Exclusion Applicable

In its recent decision in Iasbarrone v. First Financial Ins. Co., 2013 U.S. Dist. LEXIS 86605 (D. Maine June 20, 2013), the United States District Court for the District of Maine had occasion to consider the scope of an...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

Duty To Defend Limited to Theories Pled In Complaint

In most states, including Michigan, the duty to defend is not limited to the four corners of the complaint and the insurer must look behind the allegations asserted against the insured to determine whether there is a...more

California To Draw The Lines In Disparagement Liability

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as "Your Work" Exclusion in CGL Policy Is...

In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an...more

Connecticut Supreme Court Relieves Insurer of Duty to Defend Personal Injury Suit against Additional Insured

In an issue of first impression, and a rare opinion about insurance coverage, the Connecticut Supreme Court addressed whether an insurer has a duty to defend an additional insured when the complaint in the underlying personal...more

Is That Covered? Cumis Counsel (March, 2013)

Let's say that you or your client is sued for breach of contract and negligence. You send the suit papers to the general liability insurer and it agrees to defend the claim, but under a "reservation of rights." The basis of...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

Montana Court Addresses Business Risk Exclusions

In its recent decision in Lukes v. Mid-Continent Cas. Co., 2013 U.S. Dist. LEXIS 17979 (D. Mont. Feb. 11, 2013), the United States District Court for the District of Montana had occasion to consider the application of the...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

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