Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update. 

We begin with two cases from Delaware’s high court.

The first reaffirms principles stated in its 2022 Rite Aid decision, this time in connection with CVS’s attempts at coverage for opioid claims lodged against it.

The

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may mean the exclusion applies even though the insured itself did not commit the excluded act.

Southern District Finds Tenant’s Insurer Has Duty To Defend Landlord But Determination On Indemnity Is Premature

A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee of one

We cover a broad range of topics in this month’s insurance update.

The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion.

The Sixth Circuit decides whether an equipment designer’s omission in its insurance application voided its professional services coverage.

The North Carolina Supreme Court considers whether a homeowner

The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases may be heard.

Under the current rules, the Commercial Division may hear “environmental insurance coverage” and “commercial insurance coverage”

First Department Finds Additional Insured’s Late Notice Prejudiced Insurer

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its insurer, Hartford Fire Insurance Company. Although the

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine.

The story explains “personal and advertising” injury coverage that is provided by the Coverage B part of a general liability insurance policy. It also discusses the nuances among

We’ve selected five recent insurance decisions for this month’s update.

Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is self-executing, the court opened a path for these insurers to arbitrate coverage disputes, even where state law prohibits insurers from doing so.

Southern District Finds No Additional Insured Coverage, Insurer Did Not Waive Non-Existence Of Coverage Defense, And Insurer Not Estopped From Disclaiming Coverage Where No Prejudice

Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed

We touch upon several issues in this month’s update.

Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its obligations, courts are divided over whether that claim qualifies for coverage. The answer depends on whether there is an