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Vicarious Liability Insurance Litigation

Morgan Lewis

Supreme Court Provides Further Example of Narrow Construction of Exclusion Clauses in Insurance Policies

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The UK Supreme Court handed down its judgment on 23 April 2021 in Burnett or Grant v International Insurance Co of Hanover Ltd [2021] UKSC 12, which arose within the context of a “deliberate acts” exclusion in an employer’s...more

Cozen O'Connor

When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage

Cozen O'Connor on

When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very...more

Butler Weihmuller Katz Craig LLP

The Changing Fact of Additional Insured Coverage

As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors.  When representing a carrier for a general contractor, one of the first questions the...more

White and Williams LLP

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

White and Williams LLP on

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

Payne & Fears on

Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

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When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Proskauer - Insurance Recovery & Counseling

Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more

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