Insurance Update

November 16, 2018 | Robert Tugander | Greg E. Mann | Insurance Coverage

It was a bountiful month in terms of insurance decisions.  And as a result, our November Insurance Update is like a “Thanksgiving Day feast.” With a healthy serving of decisions from state high courts, intermediate appellate courts, and federal circuit courts, our update touches upon first-party issues, third-party issues, and a case insurance brokers will be thankful for.

Here’s what’s on our table:

Appetizer (Butternut Squash Soup)

Illinois Supreme Court: Insureds’ Negligence Claim Against Insurance Agent Accrued When Policy Was Issued, Not Later When Insureds Were Sued

Wisconsin Supreme Court: Fire Was One Occurrence

The Main Course (Turkey with Stuffing)

Ohio Supreme Court: Property Damage Allegedly Caused by Subcontractor’s Faulty Work Was Not an Occurrence

Third Circuit: Once District Court Decided There Was No Occurrence, It Should Not Have Looked at Self-Defense Exception to Exclusion to Find Coverage

Tenth Circuit: Indoor Air Pollution Exclusion Did Not Bar Coverage of Claims Alleging Release of Carbon Monoxide

Ohio Appeals Court: Motor Vehicle Exclusion in Homeowner’s Policy Precluded Coverage of Lawsuit

Connecticut Superior Court:  Insurers Are Entitled to Summary Judgment in Basement Cracking Case

Dessert (Apple, Pecan or Pumpkin Pie)

Illinois Federal District Court: Exclusions Barred Coverage of Claims Under TCPA and FDCPA

Georgia Court of Appeals:  Non-Cumulation Clause Is Ambiguous

California Court of Appeal: Conditional Use Permit Revocation Resulted in a Covered Loss of Use

Indiana Court of Appeals: Insured’s Notice of Environmental Claim Was Too Late

We hope you find something appealing on the menu.

Click here to read the Update.

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