News & Analysis as of

Bodily Injury Duty to Defend

White and Williams LLP

Top Developments March 2024

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Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Ervin Cohen & Jessup LLP

Courts surprisingly affirm insurance coverage to defend against economic loss

For parties facing class action lawsuits, where the class seeks to recover for economic losses, there may still be opportunities for insurance coverage. Thus, where economic losses arise out of the purchase of products that...more

Rivkin Radler LLP

Insurance Update - August 2023

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Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

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Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...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

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2022

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Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice- In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its...more

Houston Harbaugh, P.C.

Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage...

Houston Harbaugh, P.C. on

On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior Court erred by finding that “emotional...more

Venable LLP

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

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Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more

Rivkin Radler LLP

Insurance Update - September 21 2022

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Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

White and Williams LLP

Top Developments - September 2022

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Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022) - Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a...more

Rivkin Radler LLP

Insurance Update - August 2022

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A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy. There, a boulder dislodged from a hillside and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 2022

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Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent- In December 2015, Luis Alberto was working on a construction...more

Wiley Rein LLP

Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense

Wiley Rein LLP on

The Ohio Court of Appeals, applying Ohio law, has enforced an employment practices liability (“EPL”) carrier’s “other insurance” clause, holding that the insured’s commercial general liability (“CGL”) policy afforded primary...more

Wiley Rein LLP

Professional Services Exclusions Bar Coverage for a Pharmacy Technician’s Mistake in Dispensing Medication

Wiley Rein LLP on

The Western District of North Carolina has held that the professional services exclusions of two different policies issued to a staffing agency negated any duty to defend a lawsuit alleging a pharmacy technician improperly...more

White and Williams LLP

Florida Court Holds Ignorance Is No Defense in Case of Late Notice to Insurer

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It’s common knowledge that a lawsuit must be timely reported to an insurer. But what exactly constitutes timely notice? The United States Court for the Middle District of Florida recently examined this question in National...more

Rivkin Radler LLP

Insurance Update - March 2022

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Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more

Rivkin Radler LLP

Insurance Update - February 2022

Rivkin Radler LLP on

Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update. •A county experienced higher costs due to the opioid crisis. Does its...more

Wiley Rein LLP

D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions

Wiley Rein LLP on

The United States District Court for the Northern District of Ohio, applying Ohio law, has held that a D&O insurer had a duty to defend a wrongful death lawsuit against its insured because of a “discrepancy” between the...more

Cozen O'Connor

The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

Cozen O'Connor on

On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

Wiley Rein LLP on

Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

White and Williams LLP

Montana Supreme Court Tackles Decade-Old Coverage Dispute Concerning Asbestos Mineworker Claims

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On November 23, 2021, the Montana Supreme Court issued an almost unanimous decision in National Indemnity Company v. State of Montana, a ten-year-old coverage dispute arising from claims against the State of Montana alleging...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2021

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Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee- A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 2021

Rivkin Radler LLP on

Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages- Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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