August 2024 Insurance Update

We touch upon various issues in our August insurance update.

The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof infiltrates a building.

The Kentucky Court of Appeals considers whether a pollution exclusion applies to a gasoline leak at a gas station.

An Arizona federal district court applies the concept of fortuity to a claim under an all-risk policy.

A California federal district court again finds that an insurer has no duty to defend a drug distributor for its alleged oversupply of opioids.

And a Pennsylvania federal court voids a maritime policy. If you own a boat, you’ll want to be sure to read this case. Express warranties under maritime insurance are strictly enforced. A yacht owner found this out when allowing its annual fire equipment certification to lapse. This breach voided the policy even though the claim had nothing to do with that equipment.

We hope you find these cases interesting and informative.

Robert Tugander and Greg Mann