News & Analysis as of

Commercial General Liability Policies

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

Beware of Blanket Additional Insured Endorsements That Require Contractual Privity

New York High Court Finds No Additional Insured Coverage In Absence of Contractual Privity With Named Insured - It is a common practice in the insurance industry for a project owner to require the general contractor to...more

Making Sure the Good Deed Goes Unpunished: Navigating Director and Officer Liability Insurance for Community Associations

by Ward and Smith, P.A. on

A community or property owner association ("Association") acts through board members and officers who are volunteers and are generally willing to serve because they care about their communities. But in this day and age,...more

Contractor Denied Insurance Coverage for Delay, Contract, and Property Damage Claims

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more

Kansas Federal Court Applies Prejudice Requirement to Pollution Buy-Back Endorsement

In its recent decision in PetroSantander (USA), Inc. v. HDI Global Ins. Co., 2018 U.S. Dist. LEXIS 59696 (D. Kan. Apr. 9, 2018), the United States District Court for the District of Kansas, applying Texas law, had occasion to...more

Court Of Appeals Upholds Impactful Decision In The Gilbane Case

As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On...more

Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law

It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims...more

Don't Sleep on This: New York High Court Addresses Scope of "Blanket" Additional Insured Endorsements

by Jones Day on

The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts. The...more

CGL and Aviation Insurers: Filling Gaps or Staking Space in the Race for Drones

by Locke Lord LLP on

Insurers searching for new sources of premium have increasingly looked to drones. But one question has dominated the conversation: who will benefit: the aviation market or traditional general liability insurers? Recent...more

New York Insurance Law: Under Construction

Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak...more

Illinois Appellate Court Holds Insurer Owed Coverage in Fatal Chicago Gang Shooting Lawsuit, but Insurer Did Not Commit Bad Faith...

by Cozen O'Connor on

On March 1, 2018, an Illinois appellate court held an insurer breached its duties to defend and indemnify a grocer after gang members shot and killed a young woman and injured another outside of the Chicago grocer. The court...more

Final Mass. “Adult-Use” Marijuana Regulations Require “Marijuana Establishments” to Have Liability Insurance

by Reed Smith on

As part of its “adult-use” marijuana regulations, which are expected to take effect next week, the Commonwealth of Massachusetts will require that “Marijuana Establishments” – which include cultivators, manufacturers, and...more

Consequential Damage Disclaimers in Supply Agreements

by Foley & Lardner LLP on

This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly...more

New York Court Addresses Coverage for School District’s Alleged Civil Rights Violations

In its recent decision in Graphic Arts Mut. Ins. Co. v. Pine Bush Central School District, 2018 N.Y. App. Div. LEXIS 1553 (N.Y. 2d Dep’t Mar. 9, 2018), the Second Department of the New York Appellate Division had occasion to...more

Ten Important Steps a Cannabusiness Should Consider When Purchasing Insurance

by Reed Smith on

Purchasing insurance for a cannabusiness can feel like a daunting task, but it does not have to be one. In addition to grappling with many of the same issues and questions that any business confronts when seeking...more

Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more

‘Me Too’ Coverage Implications For Employers

by Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills For Claims With...

by Newmeyer & Dillion LLP on

Unfortunately, policyholders, such as manufacturers and contractors, routinely face the unnecessary challenge of how to access all of the insurance coverage which they have purchased. Frequently, the most pressing need is to...more

Sit Rover!A Landlord Can Be Liable For A Dog Bite In Common Areas

by Reminger Co., LPA on

Landlords, as a general rule, are not liable for attacks made by animals owned or harbored by their tenants. The owner, on the other hand, can be held strictly liable under R.C. 955.28, which imposes strict liability on the...more

JSH Reporter - Fall 2017

It has been over one year since our last issue, and we are pleased to share several resources with you, including important case summaries, law updates, attorney-authored articles, and firm news and events. Please see full...more

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

by Blank Rome LLP on

As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

New York Court Enforces Construction Management Exclusion

In its recent decision in Houston Cas. Co. v. Cavan Corp. of NY, Inc., 2018 N.Y. App. Div. LEXIS 1138 (N.Y. 1st Dep’t Feb. 20, 2018), a New York appellate court had occasion to consider the application of a construction...more

Top Developments – February 2017

by White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

Colorado Court Holds No Coverage for Breach of Contract Claim

In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had...more

Additional Insured Status: Playing The Speak-Out Game On A Construction Project

by Burr & Forman on

Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities.  The winning team is the one that guesses the most phrases.  Reading and understanding an...more

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