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Denial of Insurance Coverage Insurance Claims Commercial General Liability Policies

Wiley Rein LLP

No Coverage for Failure to Warn of TCE Contamination Plume

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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

Wiley Rein LLP

Insurer Must Defend Suit Over Unauthorized Use of Images in Social Media Ads

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The U.S. District Court for the District of Minnesota, applying Minnesota law, has held that an insurer had a duty to defend a lawsuit alleging personal and advertising injury under both a policy’s general liability coverage...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Civil Lawsuits Under Human Trafficking Statutes are on the Rise: Recent Decisions Find Coverage for Policyholders...

Increasingly, many companies are finding themselves entangled in human trafficking claims under federal and state laws. The federal Trafficking Victims Protection Reauthorization Act (TVPRA) and similar state laws cast a wide...more

Carlton Fields

Virginia District Court Holds That Insurance Company Has Duty to Defend and Indemnify Hotel Operator in Underlying Sex Trafficking...

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A federal district court in Virginia held that two insurance companies have a duty to defend and indemnify a hotel operator in an underlying lawsuit alleging that the operator aided and abetted sex trafficking of a woman. In...more

Rivkin Radler LLP

September 2025 Insurance Update

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Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update. We begin with two cases from Delaware’s high court. The first reaffirms...more

Phelps Dunbar

Georgia Court Rules that Groundwater is a Pollutant in CGL Policies

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The U.S. District Court for the Southern District of Georgia recently confirmed that stormwater is considered a pollutant for purposes of the standard pollution exclusion contained in a Commercial General Liability (CGL)...more

Butler Snow LLP

My Opinion About Insurance Coverage Opinions

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As anyone with a large insurance practice knows, insurance companies sometimes reach out to outside counsel not to request the defense of a lawsuit against an insured (or perhaps the insurer itself), but instead to ask for a...more

Carlton Fields

New Mexico Appeals Court Holds No Bad Faith for Shooting Claim Precluded by GL Policy’s A&B Exclusion

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In Wilson v. Cincinnati Specialty Underwriters Insurance Co., the New Mexico Court of Appeals affirmed the district court’s decision granting summary judgment to an insurer after determining that bad faith claims on a...more

Wiley Rein LLP

Professional Services Exclusion Bars Coverage for Suit Stemming from Faulty DNA Analysis

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In a win for Wiley’s client, a Florida federal court held that a professional services exclusion barred coverage for underlying litigation arising out of the insured’s faulty DNA analysis services. A DNA laboratory provided...more

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

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On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

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The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Miller Nash LLP

Oregon Supreme Court Reverses Insurance Coverage Denial for Contractor in Twigg v. Admiral Ins. Co.

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In a long-awaited decision that helps contractors obtain coverage for construction defects, the Oregon Supreme Court in Twigg v. Admiral Ins. Co. 371 Or. 308 (2025) ruled that coverage under a commercial general liability...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Venable LLP

[Webinar] Insurance Coverage for PFAS Under Historical CGL, Modern Environmental and Other Insurance Policies - April 3rd, 1:00 pm...

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This program will address insurance coverage for the potential environmental impacts of PFAS, such as the costs of testing or remediation required by the government, as well as other potential non-environmental PFAS claims....more

Carlton Fields

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

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In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

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In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Wiley Rein LLP

Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach

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The United States Court of Appeals for the Sixth Circuit, applying Georgia law, has held that the electronic data exclusion in commercial general liability (CGL) policies issued to a retail store company precluded coverage...more

Robinson+Cole Construction Law Zone

First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law

In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does...more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

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First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...more

Pillsbury - Policyholder Pulse blog

Southern California’s Wildfire Disaster: Immediate Insurance Considerations

As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to...more

J.S. Held

Strategies to Avoid Cyber Insurance Claim Challenges: Part II

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In Part I of this series, we posed a series of questions to consider when purchasing cyber insurance. Our approach was deliberate: the right questions help get you the right insurance to address cyber risks facing your...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Jones Day

California Supreme Court: CGL Policies Permit "Vertical Exhaustion" for Long-tail Continuous Injuries

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In a recent decision, the California Supreme Court reaffirmed a policyholder's right to reach excess liability coverage by providing key guidance as to the proper exhaustion method for continuous injury claims spanning...more

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

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