The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began...more
11/24/2025
/ Claims Made Policy ,
Commercial Insurance Policies ,
Contamination ,
Contract Disputes ,
Denial of Insurance Coverage ,
Environmental Insurance Policies ,
Environmental Liability ,
Environmental Litigation ,
Indemnification ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Oil & Gas ,
Pollution Exclusion ,
Property Damage ,
Summary Judgment
The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain...more
11/13/2025
/ Class Action ,
Commercial General Liability Policies ,
Contamination ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Environmental Litigation ,
Failure To Warn ,
Groundwater ,
Insurance Claims ,
Insurance Litigation ,
Occurrence ,
Property Damage ,
Settlement ,
Toxic Chemicals
The United States District Court for the Eastern District of California, applying California law, has held that a misappropriation of funds exclusion barred coverage under an E&O policy for a claim against a company that...more
10/8/2025
/ California ,
Causation ,
Commercial Insurance Policies ,
Contract Interpretation ,
Denial of Insurance Coverage ,
E&O Insurance ,
Embezzlement ,
Insurance Litigation ,
Misappropriation ,
Negligence ,
Policy Exclusions ,
Professional Liability Insurance ,
Proximate Cause ,
Summary Judgment
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more
8/27/2025
/ Carve Out Provisions ,
CERCLA ,
Contamination ,
Corporate Counsel ,
Duty to Defend ,
Environmental Litigation ,
Insurance Claims ,
Insurance Litigation ,
Municipalities ,
PFAS ,
Policy Exclusions ,
Pollution Exclusion ,
Statutory Interpretation ,
Superfund ,
Toxic Chemicals
The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more
The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more
6/26/2025
/ Appeals ,
Business Losses ,
Colorado ,
Commercial Litigation ,
Contamination ,
Contract Disputes ,
Coronavirus/COVID-19 ,
Health Insurance ,
Healthcare Facilities ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Occurrence ,
Property Damage ,
Property Insurance
The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more
4/17/2025
/ Appeals ,
Breach of Duty ,
Business Litigation ,
California ,
Duty to Defend ,
Fiduciary Duty ,
Indemnity ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Professional Liability Insurance ,
Section 553 ,
Willful Misconduct
The United States District Court for the Central District of California, applying California law, has held that a lending exclusion in a bankers professional liability policy barred coverage for underlying lawsuits alleging...more
1/20/2025
/ Banking Sector ,
Denial of Insurance Coverage ,
Exclusions ,
Financial Institutions ,
Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loan Servicing ,
Ponzi Scheme ,
Professional Liability Insurance
Applying Washington state law, the United States District Court for the Western District of Washington has held that an insurer had a duty to defend a demand for payment under a vendor invoice for usage fees incurred due to...more
The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more
The United States Court of Appeals for the Eight Circuit, applying Minnesota law, has held that a media liability insurer had a duty to defend a reseller of computer networking products against a trademark infringement...more
The United States Court of Appeals for the Second Circuit, applying New York law, has held that a letter asserting legal liabilities and threatening litigation constitutes a claim first made prior to the policy period.
The...more
The U.S. Court of Appeals for the Second Circuit, applying Kentucky law, has held that a D&O policy’s insured v. insured exclusion barred coverage for a lawsuit brought by a non-insured entity and other insured persons....more
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that no coverage was available under an employment practices liability insurance policy because the insured failed to give notice...more
Applying Delaware law, the Superior Court of the State of Delaware has held that a bump up provision did not bar coverage of a settlement that resolved claims asserting breaches of fiduciary duty.
On December 4, 2019, the...more
Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the...more
The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a warranty exclusion barred coverage for a claim arising from circumstances that were not disclosed in an insured’s application for...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not...more
The United States District Court for the Southern District of Mississippi, applying Mississippi law, has held that a federal employee professional liability policy insurer’s duty to defend was unambiguously triggered by...more
The Superior Court of Delaware, applying Delaware law, denied an insurer's motion for summary judgment on the basis that the policy's continuous cover clause and innocent non-disclosure clause required determinations of fact....more
A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application...more