News & Analysis as of

Occurrence

Houston Harbaugh, P.C.

Insurers Not Required to Cover Climate Change Litigation

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In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s...more

Hinshaw & Culbertson - Insights for Insurers

The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred...

On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more

Cozen O'Connor

Claims Notes: April 2024

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Some jurisdictions consider the ISO-form "bodily injury" definition to be ambiguous as to whether emotional distress requires physical harm to be bodily injury. Many insurers have amended bodily injury to expressly require a...more

Sherman & Howard L.L.C.

Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Rivkin Radler LLP

Insurance Update - January 2024

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In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Rivkin Radler LLP

Insurance Update - October 23, 2023

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Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

Carlton Fields

No Paying Over Slow Milk? Wisconsin Appellate Court Finds Intentional Act by Cattle Feed Supplier May Be “Occurrence” Under CGL...

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In Riverback Farms LLC v. Saukville Feed Supplies Inc., a panel of the Wisconsin Court of Appeals found that an intentional act may still constitute an “occurrence” under a commercial general liability policy, reversed the...more

Cozen O'Connor

First Circuit Affirms Insurer’s Denial for Late Notice Under Claims-Made Policy

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On August 9, 2023, the U.S. Court of Appeals for the First Circuit affirmed the holding of the District of Massachusetts that failure to provide notice according to a claims-made policy’s terms and conditions forfeits any...more

Houston Harbaugh, P.C.

Third Circuit Confirms No “Occurrence” Under Pennsylvania Law for Poor Workmanship in Fracking Claim

In a May 31, 2023, precedential decision, the United States Court of Appeals for the Third Circuit confirmed that under well-settled Pennsylvania law, claims of poor workmanship do not involve an “occurrence” required to...more

Marshall Dennehey

Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania

Marshall Dennehey on

In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are...more

Cozen O'Connor

Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy

Cozen O'Connor on

“We cannot enforce insurance provisions that render coverage so narrow it is illusory.” The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where...more

BCLP

Reinsurance: aggregation of COVID losses post-Stonegate

BCLP on

On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more

Hinshaw & Culbertson - Insights for Insurers

Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Preferred Contractors Insurance Company Risk Retention Group, LLC v. Baker and Son Construction, Inc., 2022 Wash. LEXIS 426 ( Aug. 11, 2022) - Traditionally, general liability insurance contracts were “occurrence-based”...more

Cozen O'Connor

Intentional Act Without Intent to Harm May Not Be an Occurrence

Cozen O'Connor on

An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more

Kerr Russell

Understanding Your Professional Liability Insurance Policy

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Professional liability insurance is important to physicians for various reasons. Its primary purpose is to fund the costs to defend claims alleging professional negligence and to fund the payment of any loss determined by...more

Stark & Stark

Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty...

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Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

Neal, Gerber & Eisenberg LLP

NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright

When disaster strikes your business or a lawsuit is filed against you in responding to the crisis, it is easy to overlook the existence of insurance that may reimburse you for the associated expenses and damages. A delay in...more

Carlton Fields

Ninth Circuit Flags NFL Stadium Design and Construction as Intentional Conduct Resulting in Out of Bounds Claim for Occurrence...

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The Ninth Circuit Court of Appeals recently found that insurers did not have to defend a construction company from the San Francisco 49ers’ claim that the company negligently failed to construct the NFL team’s stadium to be...more

Sheppard Mullin Richter & Hampton LLP

Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”

Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2020 Year in Review

Welcome to CICR’s annual review of insurance cases. Here, we spotlight decisions from the last year that you should know about — and a few pending cases to watch. As our picks for “Cases to Know” (below) indicate,...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Carlton Fields

South Carolina Federal Court Finds No Coverage for Faulty Workmanship Damages Discovered Years After Occurrence-Based Policy...

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Potential Six-Year Delay in Notice of Flood and Mold Damage “Substantially Prejudiced” Insurer - In Atain Specialty Insurance Company v. Carolina Professional Builders, LLC et al., 2:18-cv-2352-BHH (D.S.C. Oct. 2, 2020),...more

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