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Commercial General Liability Policies Insurance Litigation Policy Exclusions

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

Rivkin Radler LLP

Insurance Update - February 23, 2024

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In this month’s insurance update, we address: •Whether opioid suits allege an occurrence - •Whether the recurring presence of wild turkeys is “infestation” - •Whether improper copying of an industry publication was in...more

Cozen O'Connor

Is there CGL Coverage for Cyber Breach Claims?

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The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more

Lowenstein Sandler LLP

A New Year’s Insurance Resolution: Better Risk Management Hygiene

In 2024’s first episode of “Don’t Take No for an Answer,” hosts Lynda A. Bennett and Eric Jesse discuss some achievable New Year's resolutions that may help listeners improve their risk management hygiene, including best...more

Carlton Fields

Eighth Circuit Finds Assault & Battery Exclusion Bars CGL Coverage for Bar Patron’s Gunshot Injury

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In Scaglione v. Acceptance Indemnity Insurance Co., the Eighth Circuit Court of Appeals affirmed a district court order holding that an assault and battery exclusion in a commercial general liability policy barred coverage...more

Ward and Smith, P.A.

Don't Set It and Forget It: Taking Inventory of Your Insurance Should Be a Recurring Business Practice

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It is true that death and taxes are certainties of this life, but so too is the fact that neither the risks that businesses face nor the businesses themselves are static.  Both are dynamic and evolve over time.  As the risks...more

Carlton Fields

Seventh Circuit Declines to Enforce Plain Language of Distribution of Material Exclusion in Business Liability Policy

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On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more

Rivkin Radler LLP

Insurance Update - June 2023

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Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more

Carlton Fields

New York Federal Judge Finds No Duty to Defend Based on War Exclusion’s Insurrection Clause

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In Hartford Fire Ins. Co. v. The Western Union Co. et al., No. 22-CV-0557 (JMF) (S.D.N.Y. Sept. 22, 2022), a federal judge in New York granted Hartford Fire Insurance Company’s motion for judgment on the pleadings and motion...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

Carlton Fields

Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy

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To paraphrase Justice Oliver Wendell Holmes Jr., a case “which appeals to the feelings and distorts the judgment” makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals...more

Carlton Fields

Southwest Marine and General Insurance Co. v. United Specialty Insurance Co.: A Lesson in Common Limitations of Additional Insured...

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In Southwest Marine and General Insurance Co. v. United Specialty Insurance Co., the U.S. District Court for the Southern District of New York recently highlighted limitations in a common policy endorsement extending...more

Kennedys

All claims must be analyzed before a district court can exercise its discretion to dismiss a Federal Declaratory Judgment action...

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Federal courts generally have a “virtually unflagging obligation” to exercise the jurisdiction that Congress has conferred to them. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976). But the...more

Cozen O'Connor

Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute

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A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s...more

Payne & Fears

Texas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear”...

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Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue...more

Kennedys

What one court giveth, a brother court taketh away: Thermoflex and 3 policy exclusions in the context of BIPA

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In Citizens Ins. Co. of Amer. v. Thermoflex Waukegan, LLC no. 20-05980 (N.D. Ill. Mar. 1, 2022), the United States District Court for the Northern District of Illinois rejected the application of three separate general...more

Payne & Fears

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

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The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general...more

Carlton Fields

Eleventh Circuit Finds Employer’s Liability Exclusion Ambiguous Under Alabama Law

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The Eleventh Circuit Court of Appeals affirmed a decision that an insurer had a duty to defend its insureds under a commercial general liability policy in an action arising out of a catastrophic explosion at a pyrotechnics...more

Jenner & Block

Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh...

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Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage...more

Jones Day

Federal Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Merger Litigation

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Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more

Steptoe & Johnson PLLC

First Look - Fall 2021: Insurance Newsletter

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MASS SHOOTINGS: MULTIPLE CLAIMANT CONSIDERATIONS - In 2020, despite nearly nationwide lockdowns due to the COVID-19 pandemic, the United States sustained 611 mass shooting events. This represents an increase from 336 in...more

Bricker Graydon LLP

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

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In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

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Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

(ACOEL) | American College of Environmental...

Just How Absolute is the Absolute Pollution Exclusion?

Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

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