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A Primer and Hot Topics in the World of Coverage B
Latest from Commercial General Liability Dispatch
Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed
In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine
The Debate About GL Coverage for BIPA Claims is Not Over — It is Just Starting
By: Rosa Tumialán
The debate concerning the applicability of general liability policies to claims arising out of violations of the Illinois Biometric Information Privacy Act (“BIPA”) has not gone all that well for insurers. The Illinois Supreme Court in West Bend
Tressler Talks: Restatement of Law, Liability Insurance – An Insurer’s Friend or Foe?
Join us for this complimentary seminar to learn about the American Law Institute’s Restatement of the Law, Liability Insurance. Tressler’s experienced insurance attorneys will discuss the controversy surrounding the Restatement’s development, its most controversial provisions and any trends regarding its
Illinois Court Finds Notice Requirement Not Applicable to Additional Insured
By: Samantha Rothman
In West Bend Mutual Insurance Company
v. Community United School District 300,
2021 IL App (2d) 210108, the insurer sought a declaration
that it had no duty to defend an additional insured, a school district, in
connection
Northern District of Texas Finds Employee Exclusion Bars Coverage for Contractor’s Death Despite Restoration in Policy of Coverage for Accidents Involving Co-Employees
Recently, the
Northern District of Texas found a commercial general liability policy did not
provide coverage for the death of a utility contractor who suffocated after he
was buried in a pit of gravel by another worker.
The Tarrant Regional
Ohio Court: Use of Actresses’ Images Potentially Alleges Implied Defamation Claim Covered As “Personal And Advertising Injury”
In AIX Specialty Ins. Co. v. BigLimo, Inc., No. 3:21-cv-08, 2021 WL 2708902 (S.D. Ohio June 30, 2021) the United States District Court for the Southern District of Ohio concluded an insured nightclub’s unauthorized use of the pictures of two models
Northern District of Oklahoma Tackles Professional Liability Exclusions and the Meaning of Specialized Knowledge
In Am. Nat’l Property & Cas. Co. v. Select Mgmt. Group, 20-cv-542 (N.D. Okla. Mar 23, 2021), the Northern District of Oklahoma recently examined the meaning of “professional services” when evaluating the policy’s professional services exclusion. These terms were not
Four 2020 Cases Address Abuse Exclusions
Thus far in 2020, there have been several reported insurance coverage cases addressing “abuse” exclusions. Dorchester Mutual Ins. Co. v. Krusell, 150 N.E.3d 731 (Mass. 2020); Atain Specialty Ins. Co. v. Armory Studios, LLC, — Fed.Appx. —-
Holding: Employer’s Insurer Owes Duty to Defend Additional Insureds Despite That Employer Was Not Named as a Defendant in Original Complaint Under Illinois Law
The U.S. Court of Appeals for the Seventh Circuit ruled in Scottsdale Insurance Company v. Columbia Insurance Group, Inc., No. 19-3315 (7th Cir. Aug. 26 2020) (Illinois law), that the United States District Court for the Northern District