Insurance Update

June 18, 2018 | Robert Tugander | Insurance Coverage

Crime, in one form or another, is the theme underlying many of the decisions discussed in our June Insurance Update.

We begin with cybercrime.  The 11th Circuit weighs in on the recurring debate over when a loss results “directly” from the use of a computer.

We then move to the Fourth Circuit, which decides if a second degree murder conviction falls within the criminal acts exclusion where the defendant claimed extreme intoxication.

The high courts of Wisconsin and California consider, and reach different conclusions, over whether an employer, sued for negligent supervision, is entitled to coverage where the employee intended to injure the victim.

An Illinois appellate court decides the appropriate trigger for a malicious prosecution claim where the claimant was framed for a double murder decades ago.

Although environmental pollution can have criminal implications, our last two cases move away from the crime theme.  In one, a federal district court in California decides if the insured’s environmental cleanup under a consent order satisfies the policy’s “suit” and “damages” requirements.  In the other, a federal district court in Georgia determines whether the pollution exclusion bars coverage for a noxious odor claim.

We hope that you find these cases informative.

Click here to read the Update.

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