Second Circuit Holds Insured’s Admission Of Responsibility For Defective Work Violated Policy Condition

Tindall Corporation, a designer and manufacturer of concrete structures, sought coverage under a Berkley Assurance Company professional liability policy for costs it incurred to correct defective concrete beams Tindall designed for a contractor. As a condition precedent to coverage, the policy

The U.S. District Court for the Central District of California recently issued a decision in Aviator Nation, Inc., v. Fireman’s Fund Ins. Co. underscoring the interplay between intellectual property law and insurance coverage law by applying the prior publication exclusion to bar coverage for infringement claims.

As background, Adidas and Aviator Nation were ensconced in

Last month, in A.R. Wilfley & Sons Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, the Colorado Supreme Court held that an umbrella insurer did not drop down to defend and indemnify against numerous asbestos bodily injury lawsuits in place of an insolvent primary insurer.

When the last of the policyholder’s solvent primary

Courts have been active over the past month deciding insurance issues.

The Arizona Supreme Court for the first time defines “fortuity,” while the Colorado Supreme Court instructs on insolvency “drop down.”

The Eighth Circuit considers a time element pollution exclusions and whether prejudice plays any role.

An Oregon federal court finds an exclusion for “infectious

First Department Holds Pollution Exclusion Precludes Coverage For Remediation Of Environmental Contamination

A mining company, Vale Canada Limited, faced potential liability for environmental contamination allegedly resulting from its operations at various sites. Vale sought coverage from its insurers, North River Insurance Company and United States Fire Insurance Company, and litigation ensued. On summary judgment, the

In this month’s update, we offer a mix of procedural and coverage issues of interest to insurance litigants.

We begin with a procedural issue. The California Supreme Court decides whether policyholders must exhaust their underlying insurance before they can bring a declaratory judgment action against their insurers.

Next, we compare cases from Illinois and Ohio

Second Department Finds Fact Issue On Coverage Based Upon Certificate Of Insurance And Dismisses Non-Insured’s Bad Faith Claim

Machine Tool Repair & Sales, Inc., purchased a grinder from Pride Machinery Sales, Inc., and Pride arranged for the grinder to be transported from a third-party’s warehouse to Machine’s premises. Pride also purchased a cargo policy

With cyclospora on everyone’s mind, and a recent surge in Legionnaire’s cases in Manhattan, we thought it was only fitting to include in this month’s update insurance decisions involving a food recall and Legionnaire’s disease. We also include a pair of opioid cases.

Determining the number of occurrences can sometimes be a daunting task. The

Fourth Department Finds Professional Services Exclusion Does Not Preclude One Insurer’s Duty To Defend And A Question Of Fact As To Another Insurer’s Duty To Defend Due To An Ambiguous Trade Contract

Erie County owns a park and retained Destro & Brothers Concrete Company as a contractor and LiRo Engineers, Inc. as a construction manager

On July 15, 2026, the New Jersey Supreme Court held that insurance brokers, producers, and agents are not “learned professionals,” and therefore are not exempt from liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. In so holding, the Court eradicated the previously recognized, judicially created “semi-professional” exception and further clarified the definition