Insurance Update

February 16, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

Here are some of the leading insurance cases from the past month.

The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits.  Joining the Ohio and Delaware Supreme Courts, the Sixth Circuit found that because the suits do not seek “damages because of bodily injury,” the insurers had no duty to defend.

Like most appellate courts to consider the issue, the Maryland Supreme Court and Third Circuit found no coverage for Covid-19 business interruption losses.

Two high courts in New England were asked to address issues of first impression for those courts.

In Massachusetts, the question was: Do insurers have a common law duty to cover mitigation costs not otherwise covered by the policy?

In Rhode Island, the court was asked: Is home heating oil a pollutant?

Elsewhere, the Ninth Circuit addressed the sudden and accidental exception to the pollution exclusion as applied to an auto repair shop, while an Indiana appellate court considered whether a lead exclusion applies to personal injury claims.

We hope you enjoy the update.

Rob Tugander and Greg Mann

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