In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.

We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas emissions are pollutants under an insurance policy.  The court also considers whether there is an “occurrence” when the insured is aware of the

Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries  

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and

There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand. Clouseau says, “I thought you said your dog did not bite!” The clerk

Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated

Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations and was insured by Ironshore Specialty Insurance Company under a series of Environmental Protection Insurance Coverage Package policies. The insurer sued CTI,

In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of these claims.

We begin with the restaurant’s business interruption claim.  There, the California Supreme Court had to decide whether a virus

Fourth Department Finds That Insurer Failed To Meet Its Burden Of Proving That Insureds Failed To Cooperate

Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising from a

We touch upon various issues in our August insurance update.

The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof infiltrates a building.

The Kentucky Court of Appeals considers whether a pollution exclusion applies to a gasoline leak at a

Second Circuit Applies “But For” Test To Exclusion In Finding No Coverage Under D&O Policy

Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco shareholders filed a derivative action against two Paraco officers alleging that

It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on insurance, even in the context of a bankruptcy plan, it’s noteworthy for insurers.

That’s why we begin with the

The U.S. Supreme Court on June 6, 2024, held that an insurer with a financial responsibility for bankruptcy claims is a party in interest and has standing to raise and be heard on issues in a Chapter 11 proceeding.

In Truck Insurance Exchange v. Kaiser Gyspum Co., Inc., et al., No. 22-1079, the Supreme Court