Commercial General Liability Dispatch

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

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By: Tressler LLP

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Dibora Berhanu
Danita Davis Sudac
Michael DiSantis
William McVisk
Anthony Tessitore

Latest from Commercial General Liability Dispatch

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In All America Ins. Co. v. Lampasona Concrete Court., 120 N.E.2d 1258 (Mass.App.Ct. 2019), a Massachusetts appellate court vacated a trial court’s decision and held the trial court erred in ruling that Exclusion J(6) precluded coverage for the cost of removing and replacing a hospital’s flooring structure when the insured subcontractor had only worked on the concrete slab underlying the floor. All America had sought a declaration that Lampasona’s CGL policy excluded coverage for damage…
In Hershey Creamery Co. v. Liberty Mutual Fire Ins. Co., No. 1:18-CV-694, 2019 WL 1988397 (M.D. Pa. May 6, 2019), the United States District Court for the Middle District of Pennsylvania held a patent and trademark infringement lawsuit against an insured triggered a duty to defend under “personal and advertising injury” coverage.  The dispositive issue was whether the complaint, which was premised on alleged infringement on the plaintiff’s marks in the insured’s in-store signage and…
In Evanston Ins. Co. v. A&R Homes Development, LLC, 2019 WL 661587 (N.J. Super. App. Div. Feb. 19, 2019), the Appellate Division of the Superior Court of New Jersey affirmed a trial court ruling that an exclusion for an insured’s liability to employees of its contractors or subcontractors was unambiguous and barred coverage. The case is significant on several fronts. First, it reaffirms New Jersey law that where an injured party has been made a…
With social media use on the rise, insurers and insureds alike should be mindful of posts that can implicate the prior publication exclusion to coverage. In Scout, LLC v. Truck Ins. Exchange, 2019 WL 347471 — P.3d —- (Idaho Jan. 29, 2019), the Idaho Supreme Court addressed this issue in a trademark infringement case that began with what seemed like a simple Facebook post. Scout involved an Idaho LLC that purchased and renovated a downtown…
In High Point Design, LLC v. LM Ins. Corp., No. 16-1446-CV, 2018 WL 6625763 (2d Cir. Dec. 19, 2018) (New York law), the Second Circuit held that an advertising injury was alleged even if the underlying complaint, standing alone, did not trigger the duty to defend where the underlying discovery demands sought information related to paid advertisements placed High Point’s advertising directly at issue. The case is significant as it reaffirms New York law, in…