Insurance Update

Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update.

• A county experienced higher costs due to the opioid crisis.  Does its complaint against drug stores allege damages because of bodily injury?
• A company sells a knock-off trailer with its logo on the side.  Did it commit an offense caused by advertising?
• An employee falls victim to an email scam and wires money to an imposter’s account.  Was the loss caused “directly” from the use of a computer or fraudulent instructions?
• A company’s plating operations contaminates the environment.  Was the environmental harm caused by an “occurrence”?  Were the releases sudden and accidental?

And let’s not overlook the “true excess” rule for its supporting role in resolving a dustup between insurers.

We hope that you find this update informative.

Rob Tugander and Greg Mann