Insurance Update

It’s a busy time of the year, and courts have been busy tackling the following insurance questions:

• Municipalities sued pharmaceutical companies for deceptively marketing opioids. Are the companies entitled to a defense from their insurers?
• Owners of a custom built home discovered mold contamination caused by poor construction.  Does the faulty workmanship exclusion bar their claim for coverage?
• The sellers of a house are sued by the buyer for failing to disclose the property’s propensity to flood.  Is there a covered occurrence?
• After filing a declaratory judgment action over the applicability of an exclusion, the insurer ultimately agreed to pay its policy limits and the costs of the insured’s defense. Must the insurer also pay the insured’s costs of defending the declaratory judgment action?
• A distributor to a major retail chain agreed to indemnify the retailer for liabilities arising from its products, but then assigned its indemnity obligation to another company.  Is that company’s insurer on the hook when the retailer gets hit with a products liability suit?
• Do unfair claims handling statutes apply to captive insurers?
• Are lead exposure claims barred by the pollution exclusion?

The answers to these questions can be found in our December Insurance Update.

Hope you have time to fit it in.

Happy holidays!

Click here to read the Update.