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Wisconsin Supreme Court Holds Asbestos Exclusion Bars Coverage For Lawsuit Alleging Failure To Disclose Presence Of Asbestos
In Phillips v. Parmelee, No. 2011AP2608, 2013 WL 6818145 (Wis. Dec. 27, 2013) (applying Wisconsin law), the Wisconsin Supreme Court held that an asbestos exclusion in a liability policy barred a duty to defend and indemnify a building seller for claims that the seller failed to disclose that the building contained asbestos.
United States
13 Jan 2014
Fourth Circuit Enforces Voluntary Payments And No-Action Clauses Under Maryland And Tennessee Law
In Perini/Tompkins Joint Venture v. ACE American Insurance Company, -- F.3d --, 2013 WL 6570947 (4th Cir. 2013), the United States Court of Appeals for the Fourth Circuit, applying Maryland and Tennessee law, affirmed the district courtís grant of summary judgment for general liability insurer when the insured settled the underlying claim without consulting or obtaining the approval of the insurer.
United States
2 Jan 2014
Federal Court In Georgia Finds No Coverage For Unauthorized Electronic Withdrawal Of Funds
In Metro Brokers, Inc. v. Transportation Insurance Company, No. 1:12-CV-3010-ODE (N.D. Ga. Nov. 21, 2013), The United States District Court for the Northern District of Georgia, Atlanta Division, applying Georgia state law, granted defendant Transportation Insurance Companyís (TIC) motion for summary judgment, giving effect to two cyber risk exclusions in an all-risk insurance policy resulting in the denial of Metro Brokers, Inc.ís (Metro) claim for losses from fraudulent electronic withdrawals
United States
18 Dec 2013
New York State Trial Court Permits Asbestos Plaintiffs To Sue A Dissolved And Liquidated Corporation Through Service Of Process Upon A Liability Insurer
A New York state trial court has held that plaintiffs alleging asbestos injuries may bring suit against a dissolved and liquidated New Jersey corporation and may effectuate service of process on the dissolved corporation by serving the corporationís insurer.
United States
28 Nov 2013
Illinois Appellate Court Holds That An Insurerís Duty To Indemnify Can Be Triggered Even Though The Insurerís Duty To Defend Has Not Been Triggered
In Selective Insurance Company of South Carolina v. Cherrytree Companies, Inc., N.E.2d, 2013 IL App (3d) 120959, the Appellate Court of Illinois, Third District, applying Illinois law, held that the policy at issue did not require the filing of a "suit" before the policyholder could seek indemnification for damages it agreed to pay pursuant to a settlement agreement.
United States
22 Nov 2013
New York Appellate Court Affirms That Insurer Properly Notified Policyholder of Addition of Lead Exclusion and That Insurer Owes No Coverage for Underlying Lead Suit
In Preferred Mutual Insurance Company v. Donnelly, CA 13-00319, 2013 WL 5952018 (N.Y. App. Div. Nov. 8, 2013), a New York appellate court, applying New York law, affirmed the trial courtís summary judgment order holding that the insurer,
United States
16 Nov 2013
Federal Court Rules On Consequences Of Insurerís Alleged Change Of Coverage Position Predicated On Post-Contracting Case Law
In a recent case, the United States District Court for the District of Hawaii, applying Hawaii law, granted summary judgment to commercial liability insurers on their policyholderís bad faith counterclaim and request for punitive damages.
United States
12 Nov 2013
Oklahoma Federal Court Holds Pollution Exclusions Bar Duty To Defend Pollution Claims For Transporting Oil And Gas Drilling Waste
The United States District Court for the Eastern District of Oklahoma granted an insurerís motion for summary judgment and held that pollution exclusions barred any duty to defend allegations that the policyholderís transportation of oil and gas drilling wastes caused pollution.
United States
1 Nov 2013
Mississippi Court Finds That Noxious Gasses Emitted By Defective Drywall Are "Pollutants" For Purposes Of Applying Total Pollution Exclusion
Noxious fumes emitted from defective drywall are "pollutants" for purposes of applying total pollution exclusions in commercial general liability (CGL) policies, according to a recent decision by a federal court in Mississippi.
United States
25 Oct 2013
California Court Of Appeals Limits Bad Faith FailureTo Settle Claims Against Insurers
In Reid v. Mercury Insurance Company, No. B241154, --- Cal.Rptr.3d ----, 2013 WL 5517979 (Cal. App. 2 Dist. Oct. 7, 2013), the California Court of Appeals, Second Appellate District, held that, under California law, an insurer has no duty to initiate settlement negotiations or offer policy limits in the absence of a settlement demand from a third party claimant or some other evidence showing "an opportunity to settle" that the insurer ignored Ė even where the insuredís liability is clear.
United States
15 Oct 2013
Louisiana Appellate Court Holds That Pollution Exclusions Bar Coverage For Pollution Caused By Oil And Gas Operations
In a recent case, the Second Circuit Court of Appeal of Louisiana granted summary judgment in favor of commercial general liability and excess insurers, holding that pollution exclusions barred coverage for pollution liability arising from gas and oil exploration and production activities.
United States
10 Oct 2013
Alabama Supreme Court Decides Faulty Workmanship Does Not Constitute An Occurrence
In Owners Insurance Company v. Jim Carr Homebuilder, the Alabama Supreme Court held that damages stemming from a homebuilderís construction of a new house did not constitute an occurrence under a commercial general liability policy.
United States
3 Oct 2013
New Jersey Supreme Court Allows Contribution Claims for Defense Costs Against Co-Insurers
In a recent case, the New Jersey Supreme Court, applying New Jersey law, affirmed, as a matter of first impression, the Appellate Divisionís judgment holding that one insurer with an obligation to indemnify and defend the policyholder under a commercial general liability policy has a direct claim for contribution against its co-insurer for defense costs.
United States
26 Sep 2013
Second Circuit Canvases Case Law, Upholds Pollution Exclusion
In a recent case,the Second Circuit, applying New York law, affirmed the district courtís summary judgment order holding that three liability insurers had no duty to defend their policyholder against environmental contamination claims because their policiesí respective pollution exclusions barred coverage for pollution resulting from intentional conduct.
United States
23 Sep 2013
Eighth Circuit Holds Defense Obligation For Environmental Claim Barred By Statute Of Limitations And Indemnity Obligation Barred By Owned Property Exclusion
In a recent case, the United States Court of Appeals for the Eighth Circuit affirmed a district courtís holding that a six-year statute of limitations barred a policyholderís breach of contract claim on the duty to defend because the policyholder filed suit more than six years after the insurers denied coverage for a potentially responsible party issued by the United States Environmental Protection Agency.
United States
17 Sep 2013
California Court Confirms Limitations On Right To Independent Counsel
The California Court of Appeal, in "Federal Insurance Co. v. MBL, Inc.", recently upheld the trial courtís decision that the insurers did not have to pay for defense counsel of the policyholderís choosing, in the absence of an actual conflict of interest.
United States
4 Sep 2013
Pennsylvania Court Applies "Prior Publication" Exclusion To New Products That Continue Advertising Injuries Begun Before The Policy Period
According to a Pennsylvania federal district court, the "prior publication" exclusion in advertising injury liability insurance applies where the advertising injury arises from a "new" advertisement during the policy period if that advertisement contains the same injurious content that was used in a previously published advertisement for other products.
United States
29 Aug 2013
California Supreme Court Allows Policyholders To Sue Insurers Under Californiaís Unfair Competition Law
In a recent case, the California Supreme Court held that policyholders can sue insurers for unlawful, unfair or fraudulent business practices under Californiaís Unfair Competition Law, even if the alleged practices also violate Californiaís Unfair Insurance Practices Act.
United States
13 Aug 2013
South Carolina Supreme Court Holds That Exclusions Preclude Coverage For Damage Caused By Defective Work
In a recent case, the Supreme Court of South Carolina, applying South Carolina law, held that that two exclusions barred coverage for a construction companyís defective work suit against its subcontractor.
United States
12 Aug 2013
Allegedly False And Misleading Statements Did Not Give Rise To A Duty To Defend Under An Advertising Injury Policy Provision
In "Epson Electronics America, Inc. v. Tokio Marine & Nachido Fire Insurance Company, Ltd.", the district court for the Northern District of California, applying California law, granted summary judgment in favor of a commercial general liability insurer.
United States
1 Aug 2013
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