Insurance Update

November 21, 2022 | Insurance Coverage

Our November Insurance Update covers several topics.

We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments.  The Nebraska Supreme Court now considers whether a policyholder can assign to a non-policyholder a cause of action for first-party bad faith.

The Delaware Supreme Court is the latest state high court to rule on Covid-19 business interruption claims.

The Third Circuit considers the differences between trademark and trade dress infringement when assessing advertising injury coverage, while the Fourth and Eleventh Circuits consider if golf cart accidents on public roads are covered.

The Fifth Circuit decides if the total pollution exclusion applies where the insured claims not to be the polluter, and an Alabama federal court decides if a pollution exclusion bars an organo-ash claim.

Finally, the Seventh Circuit considers if there is coverage for volunteers injured in a fireworks accident.

We hope you enjoy the update and wish everyone a happy Thanksgiving.

Rob Tugander and Greg Mann

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