Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an...more
In Riverback Farms LLC v. Saukville Feed Supplies Inc., a panel of the Wisconsin Court of Appeals found that an intentional act may still constitute an “occurrence” under a commercial general liability policy, reversed the...more
In EMOI Services LLC v. Owners Insurance Co., No. 2021-1529 (Ohio Dec. 27, 2022), the Ohio Supreme Court found that there was no coverage for a ransomware attack because there was no direct physical loss as required under the...more
In Datamaxx Applied Technologies Inc. v. Brown & Brown Inc., the Eleventh Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the insurer, finding no merit in the insured’s argument that the...more
In Selective Way Insurance Co. v. MAK Services Inc., the Superior Court of Pennsylvania reversed an insurer-favorable summary judgment after finding that its reservation of rights letter was insufficient....more
One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to...more
In Universal Cable Prods. LLC v. Atlantic Specialty Ins. Co., 2:16 cv-04435 PA, (9th Cir. July 12, 2019), the Ninth Circuit reversed the district court’s determinations as it relates to the application of two war exclusions....more
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
5/3/2019
/ Ambiguous ,
Bodily Injury ,
Commercial General Liability Policies ,
Contract Interpretation ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Firearms ,
Insurance Industry ,
Interlocutory Appeals ,
Judgment on the Pleadings ,
Motion for Reconsideration ,
Negligence ,
Policy Exclusions ,
Reversal ,
Terms and Conditions ,
Wrongful Death
In Harper Construction Co. v. National Union Fire Insurance Co. of Pittsburgh, the Southern District of California rejected an insured’s attempt to expand a CGL policy’s definition of “suit” to encompass mere demands without...more
4/22/2019
/ Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Denial of Insurance Coverage ,
Dispute Resolution Clauses ,
Duty to Defend ,
Federal Contractors ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms
Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion—only recently has started making its way around the block. ...more