News & Analysis as of

Property Damage Bad Faith Commercial General Liability Policies

Presley & Presley

December Bad Faith Update: No Request for Defense, No Coverage Problem

Presley & Presley on

With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more

Rivkin Radler LLP

Insurance Update - August 2022

Rivkin Radler LLP on

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

Spilman Thomas & Battle, PLLC

A Case to Watch: Brayman v. Westfield Insurance

Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more

White and Williams LLP

Top Developments – February 2017

White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

Cozen O'Connor

South Carolina Federal District Court: Insurer May Act in Bad Faith by Considering Extrinsic Evidence to Deny Duty to Defend

Cozen O'Connor on

On February 6, 2017, the United States District Court, District of South Carolina, found a genuine dispute of material fact existed as to whether a Roofing Limitation Endorsement in a liability policy barred the insurer’s...more

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