Insurance Update

July 20, 2022 | Insurance Coverage

Our July Insurance Update is here.  This is what we discuss.

“Hoosier” daddy?  When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court adopting the efficient and predominant cause theory, no matter whose Daddy the bouncer was working for.

Oklahoma has seen an uptick in earthquakes, which some blame on fracking.  When residents filed a class action suit against oil and gas drillers over the seismic activity allegedly caused by disposing wastewater in highly pressurized underground wells, insurance questions would inevitably follow.  The Oklahoma Supreme Court had to decide: Was the damage expected?  Does the pollution exclusion apply?

The Fifth Circuit recently applied the principle, “if you don’t ask, you don’t get,” to a breach of contract claim for defense costs.

The Ninth Circuit takes on an interesting known loss question.  The insured knew that its roof needed to be repaired before buying its insurance policy, but it didn’t know that its fitness club-tenant would have to permanently close its swimming pool because of it.  Is there coverage?

There are many cases about how criminal convictions affect insurance coverage.  The Ohio Court of Appeals explains where a trial court went wrong when applying an “intentional and criminal” acts exclusion.

A carpenter did a plumbing favor for a friend but torched the bathroom and neighbor’s apartment in the process.  An Illinois appellate court decides the insurance implications:  Was he performing a professional service?  Was it a business pursuit?

You can find all this and more in our monthly insurance update.  We hope you enjoy it.

Rob Tugander and Greg Mann

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