The U.S. Court of Appeals for the Third Circuit has affirmed a decision by the U.S. District Court for the Eastern District of Pennsylvania rejecting an insured’s bad faith and breach of contract claims against its excess and umbrella insurer in connection with an underlying lawsuit involving the sale of stromboli.

The Case

Leonetti’s, a

The Oregon Supreme Court has overruled a 1973 decision and concluded that a covenant not to execute obtained in exchange for an assignment of rights did not, by itself, extinguish an insured’s or its insurer’s liability.

The Case

The Brownstone Homes Condominium Association alleged that it discovered various defects in the construction of its condominium complex.  

A federal district court in Massachusetts has ruled that an insurance company did not have a duty to defend its policyholders in a lawsuit against them alleging the commission of three intentional wrongs arising from a dispute among neighbors.

The Case

Kenneth and Donna Kaplan, residents of Hull, Massachusetts, were sued in a Massachusetts state

West Virginia’s highest court, the Supreme Court of Appeals of West Virginia, has reversed an $8 million judgment against an insurance company, ruling that the late notice provided by the insured precluded coverage under the policies – and that the insured’s loss of its own insurance policies did not excuse its duty to provide timely

Named Insured’s Negligence Was Not Needed To Trigger Additional Insured Coverage, Northern District Rules

An electrician working for a subcontractor on a construction project sued the general contractor for bodily injury, alleging that he had fallen from a ladder.  The general contractor sought to be defended and indemnified as an additional insured under the subcontractor’s

Sixth Circuit Rules that SPD’s Subrogation Provision Was Enforceable, Even in Absence of a Separate Written Plan

A beneficiary of the health benefits plan established under the Employee Retirement Income Security Act of 1974 (ERISA) by a trust agreement entered into by participating elevator companies and the Board of Trustees of the National Elevator Industry

An appellate court in Illinois, affirming a trial court’s decision, has ruled that a policy exclusion precluded coverage for claims against an insured for violation of the federal Telephone Consumer Protection Act of 1991 (TCPA), conversion, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (the “Illinois Act”).

The Case

Wellington Homes,

The Vermont Supreme Court, affirming a trial court’s decision, has ruled that an insured had breached his insurance policy’s cooperation clause and that, as a result, his insurance carrier had no obligation to defend or indemnify him in connection with an underlying personal injury claim.

The Case

Charles Chandler asserted that his then-girlfriend, now-wife, Faye

The West Virginia Supreme Court of Appeals has ruled that exclusions in a commercial general liability (CGL) insurance policy issued to a contractor precluded coverage of claims brought by two homeowners against the contractor.

The Case

In July 2009, Fred Hlad signed a contract to build a house for Travis and Teresa Nelson. The agreement

The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that a “prior publication” exclusion prevented an insured from obtaining insurance coverage for a continuing course of tortious conduct.

The Case

On February 28, 2012, the Navajo Nation and its