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Negligence Denial of Insurance Coverage

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Morris, Manning & Martin, LLP

Illinois Court Holds That Trafficking Allegations—Including Allegations of Negligence—Are Not “Occurrences” or Are Excluded as...

In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more

Marshall Dennehey

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

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Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Rivkin Radler LLP

The Title Reporter – Summer 2023

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more

Carlton Fields

Mass. Court Holds Unprovoked Attack Not “Physical Abuse” Within Meaning of Abuse and Molestation Exclusion

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In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its...more

Carlton Fields

No CGL Coverage for Opioid Distributor Sued for Economic Damages but Not Bodily Injury Damage

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In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more

Cadwalader, Wickersham & Taft LLP

Title (Coverage) Not Available

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Payne & Fears

California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident

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In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong...more

Zelle  LLP

Opioid Case May Guide Climate Change Insurance Suits

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The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...more

Wiley Rein LLP

Intentional Acts Exclusion Bars Coverage for Wrongful Death Lawsuit

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A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more

Rivkin Radler LLP

Appellate Division Affirms Summary Judgment Dismissal Of Legal Malpractice Claim

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The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its...more

Cozen O'Connor

Extrinsic Evidence and the Duty to Defend in Texas: To Be or Not to Be?

Cozen O'Connor on

In July of 2020, the United States Court of Appeals for the Fifth Circuit revisited and affirmed its prediction that Texas courts will not allow extrinsic evidence to determine an insurer’s duty to defend where such evidence...more

Farrell Fritz, P.C.

COVID coverage for business losses? “No,” says the first New York court to address the issue of whether a business interruption...

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COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division.  Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

Gould + Ratner LLP on

Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 23, September 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 23 - This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Carlton Fields

A Case of Mass Listeria: Insurer’s Duty to Defend in New Jersey Contaminated Pizza Crusts Suit

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Last week, in Conte’s Pasta Co. v. Republic Franklin Insurance Co., a New Jersey federal court ruled that Republic Franklin Insurance Co. was obligated to indemnify Conte’s Pasta for the costs incurred defending against a...more

Hinshaw & Culbertson - Insights for Insurers

Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim

An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

Carlton Fields

A Lesson in Sticking to Your Guns: Court Reverses Course and Finds No Duty to Defend or Indemnify on a Motion for Reconsideration

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On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

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