Commercial General Liability Dispatch

Tressler’s experienced Insurance attorneys provide the latest commercial general liability news and insights.

Latest from Commercial General Liability Dispatch

In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer with respect to lawsuits arising out of allegations regarding Dish’s “Hopper” product, a digital video recording service whose playback feature skipped advertisements. The court held there was no “conflict of law” and as a…
In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily injury claim against a former landlord arising from two women’s exposure to lead while they were children. The court found that each plaintiff’s continuous injury extended from the date of each plaintiff’s birth…
This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s law where the issue is a fundamental rule of public policy. In Arrow Elec., Inc. v. Liberty Mut. Ins. Co., 775 Fed. Appx. 305 (9th Cir. 2019), the Ninth Circuit held that Alabama law…
This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s law where the issue is a fundamental rule of public policy. In Arrow Elec., Inc. v. Liberty Mut. Ins. Co., 775 Fed. Appx. 305 (9th Cir. 2019), the Ninth Circuit held that Alabama law…
In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound by its agent’s written representation — made in a certificate of insurance — that a particular corporation is an additional insured under a given policy. Under Washington law, the answer is “yes” — an insurance…
In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound by its agent’s written representation — made in a certificate of insurance — that a particular corporation is an additional insured under a given policy. Under Washington law, the answer is “yes” — an insurance…
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause test, the number of occurrences is determined by the number of causes of the damages, and if the damages are all caused by the same thing, such as the same defective product, there is only…
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause test, the number of occurrences is determined by the number of causes of the damages, and if the damages are all caused by the same thing, such as the same defective product, there is only…
In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of West Virginia arising out of the opioid crisis (“the West Virginia Lawsuit”). Three years ago, the Seventh Circuit held that Cincinnati owed a duty to defend H.D. Smith in the West Virginia Lawsuit in…
In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of West Virginia arising out of the opioid crisis (“the West Virginia Lawsuit”). Three years ago, the Seventh Circuit held that Cincinnati owed a duty to defend H.D. Smith in the West Virginia Lawsuit in…