Eleventh Circuit Finds Exclusion Bars Trademark Infringement and Dependent...
Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage, the insurer must defend. In many...
View ArticleSix Degrees of Separation: Eleventh Circuit Upholds a Broad ‘Related Claims’...
“Related Claims” provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application. Beyond these substantive...
View ArticleIntentional Accidents: California Supreme Court Announces that General...
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance...
View ArticleNevada Supreme Court Holds That Insurer’s Liability for Breach of the Duty to...
In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to...
View ArticleSecond Circuit Holds “Offering for Sale” Is “Advertising Injury” Under CGL...
Several months ago we blogged about the duty to defend advertising injury claims under commercial general liability (CGL) policies, noting that many courts continue to struggle with the practical...
View ArticleHomeowners Insurance Has Unintended Consequence, Insurer Must Defend Teen in...
In State Farm Fire and Casualty Co. v. Motta, et al., No 18-cv-3956 (E.D. Pa. Dec. 11, 2018), the Eastern District of Pennsylvania Court held that State Farm Fire and Casualty Co. had a duty to defend...
View ArticleCoverage Issues Relating to Drones Take on New Heights: A California District...
In Philadelphia Indemnity Insurance Co. v. Hollycal Production Inc. et. al., No. 5:18-cv-00768-PA-SP (C.D. Cal. Dec. 7, 2018), a California district court held that Philadelphia Indemnity Insurance Co....
View ArticleCalifornia Federal Court Holds Scope of Duty to Defend Is Determined by the...
In Harper Construction Co. v. National Union Fire Insurance Co. of Pittsburgh, No. 3:18-CV-00471-BAS-NLS (S.D. Cal. Mar. 28, 2019), the Southern District of California rejected an insured’s attempt to...
View ArticleEDNY “Teas” It Up On Additional Insured, Finds Insurer May Withdraw Defense...
Given the broad duty to defend rules in most jurisdictions, liability insurers often find that they must — or perhaps should out of an abundance of caution — defend an insured against a claim that in...
View ArticleWhen Should an Insurer Deny Coverage? The Second Circuit Provides Guidance on...
Under New York law, a liability insurer is required to deny coverage for bodily injury resulting from an auto accident “as soon as is reasonably possible.” N.Y. Ins. Law § 3420(d)(2). The Second...
View ArticleSeventh Circuit Finds “Based Upon or Arising Out of” Language in Contract...
In Crum & Forster Specialty Insurance Co. v. DVO, Inc., No. 18-2571 (7th Cir. Sept. 23, 2019), the Seventh Circuit reversed a decision of the U.S. District Court for the Eastern District of...
View ArticleEleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand...
In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in...
View ArticleSouth Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client...
One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental...
View ArticleOhio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity...
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific...
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