Insurance Coverage


Auto Exclusion in CGL Policy Bars Coverage for Claims against Moving Company Executives Alleging They Failed to Maintain a Truck
October 31, 2013 | Insurance Coverage

A federal district court in Kansas has ruled that an auto exclusion in a commercial general liability (“CGL”) insurance policy excluded coverage for claims against a moving company’s executives alleging that they had failed to maintain a truck. 

The Case

An employee of a moving company was fatally injured while loading furniture and belongings into

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Patent Infringement Exclusion “Unambiguously” Barred Coverage for Injury Arising Out of Patent Infringement, Court Rules
| Insurance Coverage

A federal district court in Hawaii has ruled that a commercial general liability (“CGL”) insurance policy “unambiguously” did not provide coverage for two lawsuits filed against the insureds that were based on allegations of patent infringement.

The Case

A life-sciences inventor brought two lawsuits – a “business interference” action and a “patent infringement” case –

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Unambiguous Homeowner’s Policy Excluded Coverage for Lawsuit Seeking
| Insurance Coverage

A federal district court in Michigan has ruled that a homeowner’s insurance policy unambiguously excluded coverage for a lawsuit stemming from a moped accident.

The Case

While vacationing in Ohio, a policyholder was driving a rented moped on a public street when she crashed into a golf cart, and three of the four occupants of

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New York Insurance Coverage Law Update
October 1, 2013 | Insurance Coverage

Appellate Court Finds No Coverage for Post-Fire Asbestos Remediation Costs

After a fire damaged a building owned by Conley & Tibbitts Properties, LLC, a survey found asbestos, which New York required Conley to remediate. Conley’s insurer denied coverage for the asbestos removal, and Conley sued. The court upheld the disclaimer, reasoning that the policy excluded

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Insured’s Failure to Sign and Swear to a Proof of Loss Dooms Flood Insurance Claim
September 30, 2013 | Insurance Coverage

The U.S. Court of Appeals for the First Circuit has ruled that a homeowner was not entitled to recover under a Standard Flood Insurance Policy (“SFIP”) where he had not signed and sworn to a proof of loss as required by the National Flood Insurance Program (“NFIP”).

The Case

After his house was flooded, a

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Shooting of Person by Driver from His Parked Car Was Not an “Accident Involving a Vehicle”
| Insurance Coverage

A federal district court in Alabama has ruled that a driver sitting in his parked car who shot a person walking toward him was not entitled to a defense or indemnity from his automobile insurance carrier in the lawsuit the victim brought against the driver.  

The Case

After Dale Christian stopped his car in a

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Finding No “Occurrence” Underlying Homeowners’ Judgment against Builder for Faulty Workmanship, Alabama Supreme Court Rules against Coverage
| Insurance Coverage

The Alabama Supreme Court has reversed a trial court’s decision that a builder’s insurance carrier was obligated to pay an arbitration award entered against the builder. The court found that the builder’s alleged faulty workmanship was not an “occurrence.”  

The Case

Thomas and Pat Johnson contracted with Jim Carr Homebuilder, LLC, a licensed homebuilder, for

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In Long-Tail, Continuous-Trigger Cases, Solvent Carriers’ Policies Must Be Exhausted Before Guaranty Association Can Be Tapped, NJ Supreme Court Rules
| Insurance Coverage

The New Jersey Supreme Court has ruled that, in long-tail, continuous-trigger cases where an insolvent carrier is on the risk along with solvent carriers, an insured first must exhaust the policy limits of the solvent carriers before seeking statutory benefits from the New Jersey Property-Liability Insurance Guaranty Association.  

The Case 

In two consolidated cases involving

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Appellate Court Confirms that “Assault or Battery” Exclusion Did Not Require Direct “Body-to-Body” Contact
| Insurance Coverage

A California appellate court has ruled that the term “physical contact” in an insurance liability policy’s “Assault or Battery” exclusion did not require direct “body-to-body” contact.  

The Case 

A nightclub dancer was injured when a patron threw flammable liquid on her and then set her on fire. She sued the club. 

The club’s insurance carrier

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Over Two Year Delay in Notifying Insurer of Environmental Suit Dooms Coverage Case
| Insurance Coverage

A federal district court in Illinois has ruled that an insurance carrier did not have to defend or indemnify the defendant in an environmental lawsuit where it had not provided notice of the suit to the insurer for more than two years.  

The Case

 Fairmount Park, Inc., the successor in interest to Ogden Fairmount, Inc.,

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