In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more
In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more
In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance...more
ChatGPT, an Artificial Intelligence (AI) chatbot created by OpenAI, has taken the legal world by storm since it first launched in November 2022. The chatbot gained notoriety for its cutting-edge ability to answer questions...more
In Riverback Farms LLC v. Saukville Feed Supplies Inc., a panel of the Wisconsin Court of Appeals found that an intentional act may still constitute an “occurrence” under a commercial general liability policy, reversed the...more
An Illinois Appellate Court has ruled that an insurer had no duty to defend an insured in connection with a lawsuit arising out of criminal sexual misconduct charges even though the lawsuit contained negligence claims. Prof’l...more
In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that California Insurance Code Section 533, which prohibits insurance coverage for willful conduct, does not require a final...more
Your commercial general liability insurance is intended to protect your business if the worst happens: an accident or injury at your worksite. But beware of the exclusions. Many policies will not cover bodily injury or...more
The New York Appellate Division has held that a lawsuit against a children’s non-profit organization alleging negligent supervision of staff accused of sexually molesting children in the organization’s care was excluded from...more
A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more
Applying Florida law, the United States District Court for the Southern District of Florida has held that a theft exclusion bars coverage under a lawyers’ professional liability policy for a negligence claim against the...more
Insurance companies typically incorporate intentional harm exclusions into their homeowners’ insurance policies, which allow them to deny coverage where the insured intentionally causes bodily injury or property damage....more
New and comprehensive privacy and cyber regulations continue to proliferate across the globe. These are not your father’s data breach notification laws. The scope of information included within these mandates has expanded...more
On March 30, 2020, a Pennsylvania federal district court granted an insurer's motion for summary judgment, ruling that coverage for a TCPA class action claim was barred by the intentional acts exclusion in its Businessowners...more
In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more
In Aquino v. United Property & Casualty Company, the Massachusetts Supreme Judicial Court addressed the responsibilities of an insurer under a homeowners policy to an innocent insured homeowner when her fiancée — a coinsured...more
In March 2019, Judge Stuart M. Bernstein of the U.S. Bankruptcy Court for the Southern District of New York ruled that lenders using clear and unambiguous language in their loan agreements may be entitled to prepayment...more
Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more
Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise. However, there are circumstances in which punitive damages may be covered, and some insurers...more
In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called "intentional act" may give rise to insurance coverage under a liability insurance...more