Insurance Update

February 11, 2019 | Robert Tugander | Insurance Coverage

State high courts have been busy deciding insurance coverage questions.  Our February Insurance Update addresses seven rulings handed down over the past month.

  • The Idaho Supreme Court considers whether a Facebook post triggers the prior publication exclusion in a trademark infringement claim.
  • The Iowa Supreme Court tackles the case of efficient proximate cause and the wayward squirrel.
  • The Kansas Supreme Court draws a line between notice of occurrence and notice of suit.
  • The Rhode Island Supreme Court addresses the limits of an insurer’s good faith obligation.  Does it apply to third party claimants?
  • The Texas Supreme Court, in a claim arising from the Deepwater Horizon incident, considers the scope of a joint venture clause.  Does the liability cap apply to defense costs too?
  • The Virginia Supreme Court considers whether a provision extending coverage to the insured’s newly acquired buildings applies to buildings owned by the insured’s newly acquired subsidiary.
  • The Wisconsin Supreme Court provides guidance on when “other insurance” clauses apply.

And for good measure, we include Sanders, an Illinois intermediate appellate court decision on when a malicious prosecution claim is triggered under the “Personal Injury” coverage.  In our June 2018 Insurance Update, we discussed the First Mercury decision by the Illinois Court of Appeals, which held malicious prosecution coverage is triggered when the prosecution began.   Now in Sanders, the Illinois Court of Appeals (different division) holds that the proper trigger is exoneration, not prosecution.  The Sanders majority sought to harmonize its decision based on different policy language, but the dissent wasn’t buying it.  We’ll see if this issue makes its way to the Illinois Supreme Court.

We hope that you find these cases informative.

Rob Tugander

Click here to read the Update.

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