SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims -
In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings...more
In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory...more
It’s common knowledge that a lawsuit must be timely reported to an insurer. But what exactly constitutes timely notice? The United States Court for the Middle District of Florida recently examined this question in National...more
On January 11, 2022, the United States Court of Appeals for the Fifth Circuit issued its decision in Siplast, Incorporated v. Employers Mutual Casualty Company, 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022), finding that...more
While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an...more
On March 17, 2021, the Eastern District of Pennsylvania issued its decision in Estate Chimney & Fireplace v. IFG Companies & Burlington Insurance Company, 2021 U.S. Dist. LEXIS 50360 (E.D. Pa. March 17, 2021), finding that an...more
There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a duty to defend its insured if the complaint states a claim that potentially falls within the...more
An insurer’s duty to defend generally is based on a comparison of the complaint against the insured and the insurance policy language. However, in some jurisdictions, an insurer may consider "extrinsic" evidence — information...more
It has long been the rule, under Pennsylvania law, that an insurer's duty to defend is determined "solely" by the allegations in the "four corners" of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S.,...more
On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more
1/7/2020
/ Appeals ,
Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Duty to Defend ,
Insurance Litigation ,
Lead Paint ,
Occurrence ,
Property Damage ,
Remand ,
Remediation ,
Reversal ,
Toxic Exposure
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
11/23/2019
/ Additional Insured ,
Attorney's Fees ,
Commercial General Liability Policies ,
Construction Contracts ,
Cross Motions ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Exceptions ,
Insureds ,
Litigation Fees & Costs ,
Prevailing Party ,
Summary Judgment ,
Workplace Injury
In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an...more
6/7/2019
/ Appeals ,
Attorney's Fees ,
Class Action ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Default Judgment ,
Dismissals ,
Duty to Defend ,
Environmental Violations ,
Indemnification ,
Insurance Industry ,
Nuisance ,
Remand
Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court, in Sapienza v....more
A recent opinion by the New York Supreme Court, Appellate Division (Second Department) highlights the potential risks for an insurer leaving an insured unrepresented while the insurer pursues other parties or insurers who may...more