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
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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
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
Ohio Court: Insurer Owes Duty To Defend Opioid Claim
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
Ohio Supreme Court Declines To Apply “All Sums” Rule
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
The Illinois Appellate Court and the Right to Independent Counsel
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
“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” of Personal Information
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’
California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement
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…