Awarding summary judgment to an insurer under both liability and directors & officers (D&O) coverage parts, a New Jersey trial court reaffirmed the principle that claims of defective workmanship without resulting “property...more
The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J....more
It has long been the rule, under Pennsylvania law, that an insurer's duty to defend is determined "solely" by the allegations in the "four corners" of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S.,...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
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
11/23/2019
/ Additional Insured ,
Attorney's Fees ,
Commercial General Liability Policies ,
Construction Contracts ,
Cross Motions ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Exceptions ,
Insureds ,
Litigation Fees & Costs ,
Prevailing Party ,
Summary Judgment ,
Workplace Injury
The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a...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
As two recent cases demonstrate, a coverage disclaimer in New York is only as good as its compliance with that state’s various rules for perfecting a disclaimer in connection with a bodily injury claim. Under New York...more