Commercial General Liability Dispatch

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

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. —- (9th Cir. Aug. 13, 2020) (California law); National Liability & Fire Ins. Co. v. Brimar Transit, Inc., 433 F. Supp. 3d 747 (W.D. Pa. 2020); Allied World Surplus Lines Ins. Co. v.
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 of Illinois did not err in ruling that Scottsdale Insurance, as the liability insurer of a building owner, could shift the obligation to defend its insured from a personal injury lawsuit brought by an injured…
Click here to download our new 50-State Survey: Application of Pollution Exclusion in First-Party Property Insurance Policies. Disclaimer: This survey is for general information only and is not intended to provide and should not be relied upon exclusively for legal advice in any particular circumstance or fact situation. Past cases and decisions do not guarantee future results. The information contained in this survey may or may not reflect the most current legal standards or…
In Acuity v. Masters Pharmaceutical, Inc., 2020 WL 3446652, 220 -Ohio- 3440 (Ohio. Ct. App. June 24, 2020), the court held that an insurer owed a duty to defend claims by government entities against an insured wholesale pharmaceutical distributor, concluding the claims involved “damage because of ‘bodily injury.’” The court reasoned that at least some of the alleged increased expenses incurred by the governmental entities arguably resulted from “bodily injury.” The court further held…
In Lubrizol Advanced Materials, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2020 WL 1943212, — N.E.3d —- (2020), the Ohio Supreme Court addressed the certified question of “whether an insured is permitted to seek full and complete indemnity, under a single policy providing coverage for ‘those sums’ that the insured becomes legally obligated to pay because of property damage that takes place during the policy period, when the property damage…
While the Illinois COVID-19 stay-at-home order continues to keep everyone at home, the First District of the Illinois Appellate Court has been busy. The Court issued two decisions concerning the right to independent counsel and when there may be a conflict between an insurer and an insured in the defense of an underlying action. In the first, Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America, 2020 IL App (1st) 182491
In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’ personal information (full name, e-mail address, residence address and telephone number, along with the credit card information necessary to complete the sale) in violation of California’s Song-Beverly Credit Card Act (the “Credit Card Act”), Cal. Civ.…
In Certain Underwriters at Lloyd’s of London et al. v. ConAgra Grocery Products Company, et al. San Francisco County Superior Court, Case No. CGC-14-53673, a San Francisco Superior Court recently ruled that ConAgra’s insurers are not required to pay its $102 million… Continue Reading → The post California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement appeared first on Commercial General Liability Dispatch.…
In Certain Underwriters at Lloyd’s of London et al. v. ConAgra Grocery Products Company, et al. San Francisco County Superior Court, Case No. CGC-14-53673, a San Francisco Superior Court recently ruled that ConAgra’s insurers are not required to pay its $102 million… Continue Reading → The post California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement appeared first on Commercial General Liability Dispatch.…
Last week, we wrote about the Illinois Supreme Court’s decision late last year, holding that insurance coverage for malicious prosecution was triggered when the insureds’ wrongful conduct occurred rather than when the underlying claimant was exonerated.  Earlier this year, the… Continue Reading → The post Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim appeared first on Commercial General Liability Dispatch.…