News & Analysis as of

Commercial General Liability Policies Property Damage Bodily Injury

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Rivkin Radler LLP

Insurance Update - December 2023

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Our December Insurance Update features a few firsts from state high courts. For the first time: •The Supreme Court of Hawaii addresses reimbursement of defense costs. •The Supreme Court of Illinois addresses coverage for...more

White and Williams LLP

Insurance Enters the Fray: Southern District of New York Finds Insurrectionary Intent Sufficient to Apply War Exclusion

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In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...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

Hinshaw & Culbertson - Insights for Insurers

Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Preferred Contractors Insurance Company Risk Retention Group, LLC v. Baker and Son Construction, Inc., 2022 Wash. LEXIS 426 ( Aug. 11, 2022) - Traditionally, general liability insurance contracts were “occurrence-based”...more

Cozen O'Connor

Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

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In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations...more

Hinshaw & Culbertson - Insights for Insurers

Part Four: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Civil Unrest, Riots, And Strikes - This is the fourth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Many commentators have...more

Rivkin Radler LLP

Insurance Update - November 2021

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We bring you our November Insurance Update. Here’s what happened over the past month. Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more

Cohen Seglias Pallas Greenhall & Furman PC

Protect Your Construction Project: Top 10 Insurance Provisions to Know

Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...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

Rivkin Radler LLP

Insurance Update- February 2021

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Our February insurance update discusses several issues involving first-party and third-party insurance claims. •The Florida Supreme Court answers a certified question about the type of damages available to first-party...more

Cozen O'Connor

Does a CGL Policy’s “Business Description” or “Class Code” Limit Coverage?

Cozen O'Connor on

One way a CGL insurer can narrow otherwise broad bodily injury and property damage coverage is by activity. Activities that face similar risk can be grouped using an activity classification code, which can be incorporated...more

Carlton Fields

Coverage Claim Bites the Dust: Seventh Circuit Finds No Coverage for $50 Million Judgment Resulting From Dust Pollution Due to...

Carlton Fields on

In Greene v. Westfield Insurance Co., the Seventh Circuit Court of Appeals recently affirmed summary judgment finding that commercial general liability policies issued by Westfield Insurance Co. did not cover a $50.56 million...more

Robinson+Cole Data Privacy + Security Insider

Standard CGL Aircraft Exclusion Barred Liability Coverage

A California federal judge held that a standard comprehensive general liability (CGL) aircraft exclusion barred liability coverage for injuries suffered as a result of drone operations....more

Farella Braun + Martel LLP

Are You Covered for California’s New Iot Laws?

In November, Tyler wrote about insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s...more

Perkins Coie

What Methods of Allocation Will Prevail in New York?

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In the Matter of Viking Pump, Inc. and Warren Pumps LLC Insurance Appeals, No. CTQ-2015-00003 (NY) - Yesterday, on March 29, 2016, the New York Court of Appeals, New York’s highest court, will hear oral argument on two...more

Bradley Arant Boult Cummings LLP

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be...more

McCarter & English, LLP

Pennsylvania Supreme Court Declines To Review Pro-Policyholder Decision; Contrary Arguments Possible

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For years, product manufacturers relied on commercial general liability policies to defend and indemnify them for product liability claims. Although these policies may exclude coverage for pure economic loss or for damage to...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - September 2014

All Sums or Pro Rata: Did You Get the Coverage You Bought? In recent decades, liabilities stemming from long-term bodily injury or property damage—as from exposure to asbestos or contamination of the environment—have...more

Proskauer - Insurance Recovery & Counseling

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

Stoel Rives LLP

Don't Neglect to Understand Insurance Jargon

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Unfortunately, insurance requirements in contracts are not easy to understand. The language used in insurance requirements is not always intuitive, but we all know that the consequences of not having the right insurance can...more

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