Coverage under most commercial general liability (CGL) policies applies only to liability arising from an “accident.” As such, injury or damage that an insured “expected or intended” to occur is not covered....more
6/23/2020
/ Amusement Parks ,
Bodily Injury ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Duty to Defend ,
Gross Negligence ,
IA Supreme Court ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Workplace Injury ,
Wrongful Death
The plaintiffs sued Public Storage seeking insurance coverage after Public Storage allegedly disposed of personal belongings the plaintiffs had in a rented storage unit. ...more
A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more
3/6/2020
/ Additional Insured Endorsements ,
Business Interruption ,
Commercial Insurance Policies ,
Corporate Counsel ,
Cross Motions ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Loss Prevention ,
Data Protection ,
Data Storage ,
Denial of Insurance Coverage ,
Hackers ,
Insurance Claims ,
Policy Terms ,
Popular ,
Property Damage ,
Ransomware ,
Software ,
Summary Judgment
I am willing to go out on a limb and say that if asked whether an animal, say, a raccoon, is capable of committing malicious criminal acts, most humans would agree that the issue is beyond dispute. But, alas, most humans...more
Taunia Kittler, through Galilea LLC, owned a 60-foot sailing yacht named Galilea. In June 2015, the Galilea crashed off the coast of Panama and was deemed a complete loss. Kittler and Galilea LLC sought insurance coverage...more
Several months ago we blogged about the duty to defend advertising injury claims under commercial general liability (CGL) policies, noting that many courts continue to struggle with the practical application of basic duty to...more
3/13/2019
/ Advertising Injury ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Duty to Defend ,
Fashion Design ,
Fashion Industry ,
Insurance Claims ,
Insurance Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trade Dress
Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage, the insurer must defend. ...more
On March 27, the New York Court of Appeals unanimously ruled that under a “pro rata time on the risk allocation,” insurers are not liable for years outside their policy periods when there was no insurance available to the...more