Insured’s Indemnification Obligation Did Not Create Insurance Coverage Where None Otherwise Existed, Court Finds 

Claimant sued Boulder Creek and BIT Investment for injuries she allegedly sustained when she fell outside premises owned by BIT and leased to Boulder Creek.  Boulder Creek asserted a cross-claim against BIT for contractual indemnity under the lease and sought coverage

U.S. Supreme Court Rejects “Presumption of Prudence” for ESOP Fiduciaries

The plaintiffs in this case, former employees of Fifth Third Bancorp and participants in its employee stock option plan (ESOP), sued Fifth Third and various Fifth Third officers in a federal district court in Ohio, alleging that they knew or should have known by July

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Insurance law is surely an area of the civil law that occupies more than its fair share of the docket of the New York Court of Appeals.  This past term, the Court issued nine significant insurance law decisions, including one for which it heard reargument and vacated a unanimous – and highly controversial – ruling

“Other Insurance” Clause Bars Primary OCPL Insurer’s Contribution Claims Against Contractor’s Other Carriers

Erie Painting & Maintenance, Inc. contracted with the New York State Thruway Authority to perform painting work. An Erie employee alleged that he was injured while working on the project, and he sued the Authority. Arch Insurance Company, which had issued a

The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that umbrella insurance carriers were obligated for removal of debris (“ROD”) expenses under their umbrella policies even where the underlying insurance had been exhausted by claims the umbrella policies did not cover. 

The Case

W&T Offshore, Inc., an

An appellate court in New Jersey, affirming a trial court’s decision, has ruled that an insurance company that had issued a “claims made” policy and that had not received notice of a claim “as soon as reasonably practicable” did not have to demonstrate that it had been prejudiced by the late notice to be able

The U.S. Court of Appeals for the Ninth Circuit, affirming a California district court’s decision, has ruled that the prior publication exclusion in general liability insurance policies barred an insurance company’s obligation to defend its insured in an action alleging trademark infringement, unfair competition and unfair business practices under federal and California law.

The Case

The California Supreme Court has ruled that a claim of disparagement requires a plaintiff to show a false or misleading statement that specifically referred to the plaintiff’s product or business and that clearly derogated that product or business. 

The Case

Gary-Michael Dahl, the manufacturer of the “Multi-Cart,” sued Swift Distribution, Inc., doing business as Ultimate

An appellate court in Washington has ruled that the duty of an insurer to defend its insured in connection with potential liability under the state’s Model Toxics Control Act (“MTCA”), which imposes strict liability on the owner or operator of contaminated property, is triggered if a government agency communicates an explicit or implicit threat of