Loading and Unloading Under GL and Auto Policies: 2022
On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The...more
You have purchased a liability insurance policy and believe that your insurance coverage will protect you from any claims that may be made against you. You receive a claim letter or are served with a legal document that says...more
In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more
Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an...more
The outcome of a multimillion-dollar suit was in the hands of a jury of 12 good and honorable citizens. The question: Was a certain party an agent, consultant, contractor, or none of the above? One side wanted the jury to be...more
Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more
The Federal Acquisition Regulation (FAR) Council has proposed two new cybersecurity rules that would impose significant obligations and risks for federal government contractors. The proposed rules impose substantial cyber...more
Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, No. 2:21-CV-719-JES-KCD, 2023 WL 5486746 (M.D. Fla. Aug. 24, 2023) - This matter involved a petition by Travelers, seeking a declaration that it did not owe...more
In Clear Blue Specialty Insurance Co. v. TFS NY Inc., the U.S. District Court for the Eastern District of New York, interpreting the plain and unambiguous terms of a commercial general liability policy issued by Clear Blue...more
Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will...more
Applying North Carolina law, a federal district court has held that an excess insurer had no duty to indemnify for a 2020 securities class action that related back to various antitrust lawsuits filed prior to the applicable...more
On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a...more
Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding courts' interpretation of the relationship between commercial general liability and business auto policies. This will include...more
The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...more
The Illinois Court of Appeals (Second District) (“Court”) addressed in a March 4th Opinion an insurance coverage question involving a medical instrument sterilization facility (“Medline”). See Ill. Un. Ins. Co. v. Medline...more
On November 1, 2021, in a single-sentence Order, the Supreme Court of New Jersey denied a request for review of a decision that ExxonMobil Corporation (Exxon) did not have to indemnify certain of its insurers over...more
The U.S. District Court for the Northern District of California recently ruled in United Specialty Insurance Co. v. Bani Auto Group Inc. that United Specialty Insurance Co. did not have a duty to indemnify its insureds in...more
On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed...more
Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...more
A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website. (See discussion of Bolger decision...) In Kisha...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more
The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more
Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of...more
In The Travelers Indemnity Company v. Lean & Local LLC, Travelers sought a declaration that it did not owe its insureds indemnity or a defense. Judge Green granted Travelers summary judgment. The claims asserted against the...more
The phase “defend, indemnify, and hold harmless” is found in many, if not most, contracts with liability allocation provisions, across multiple industries. However, many parties do not have a complete understanding of what,...more