The Illinois Supreme Court’s recent decision in Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087 (“M/I Homes”), represents a clear departure from past Illinois precedent on whether construction defects constitute “property damage” caused by an “occurrence” under a
In an unpublished opinion issued on October 30, 2023, the Ninth Circuit ruled in favor of excess insurer Arch Insurance Company on various claims asserted by insured Vizio, Inc. arising from a settlement of class-action litigation regarding its Smart TV
Earlier this month, a panel of the Ohio Court of Appeals in Ryan v. State Farm Mutual Automobile Insurance Co. et al., No. 29778, 2023 WL 6784954 (Ohio Ct. App. Oct. 13, 2023) found that a trial court erred by
In Lionbridge Technologies, LLC v. Valley Forge Insurance Company, No. CV 20-10014-WGY, 2023 WL 5985288 (D. Mass. Sept. 14, 2023), the Massachusetts District Court found where an insurance company has refused to pay for the defense of a policyholder’s corporate
In a recent construction defect decision, a majority of the Wisconsin Supreme Court held that the initial grant of coverage under a standard Commercial General Liability (CGL) insurance policy does not require that the damage be to property other than
In a recent decision (August 9, 2023) issued by the Illinois Appellate Court, First District, the court confirmed that an insured who had made a claim for underinsured motorist (UIM) benefits could not assert an independent claim to recover attorney
On August 16, 2023, The Southern District of Ohio issued a decision in The Home Depot Inc. et al. v. Steadfast Insurance Co. et al., holding that The Home Depot was not owed coverage for settlements with financial institutions to
The recent New York federal court decision in Cadaret Grant & Co. v. Great American Ins. Co., No. 21-6665 (E.D.N.Y. July 25, 2023) addresses a critical aspect that insurers must navigate when coverage litigation is instituted: the discoverability of
On July 13, 2023, the Eleventh Circuit issued its decision in Continental Cas. Co. v. Winder Laboratories, LLC, holding insurers do not have a right to recoup their litigation defense costs when the underlying insurance policy does not provide for
The Seventh Circuit Court of Appeals found that an insured is precluded from coverage for damages arising out of a fatal plane crash in May 2020, affirming the lower court ruling that an exclusion applies where the pilot lacks a