SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims -
In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings...more
On January 11, 2022, the United States Court of Appeals for the Fifth Circuit issued its decision in Siplast, Incorporated v. Employers Mutual Casualty Company, 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022), finding that...more
In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th...more
In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more
There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a duty to defend its insured if the complaint states a claim that potentially falls within the...more
On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more
1/7/2020
/ Appeals ,
Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Duty to Defend ,
Insurance Litigation ,
Lead Paint ,
Occurrence ,
Property Damage ,
Remand ,
Remediation ,
Reversal ,
Toxic Exposure
It has long been the rule in Pennsylvania that a mental or psychological injury generally does not constitute “bodily injury,” as defined in most standard insurance policies, unless that mental or psychological injury results...more
In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an...more
6/7/2019
/ Appeals ,
Attorney's Fees ,
Class Action ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Default Judgment ,
Dismissals ,
Duty to Defend ,
Environmental Violations ,
Indemnification ,
Insurance Industry ,
Nuisance ,
Remand
On May 28, 2019, the New Jersey Superior Court, Appellate Division examined the phrase “based on” in an assault-and-battery exclusion, finding that the phrase means “to make, form, or serve as the foundation of any claim,...more