News & Analysis as of

Denial of Insurance Coverage Intentional Acts Exception

Morris, Manning & Martin, LLP

Illinois Court Holds That Trafficking Allegations—Including Allegations of Negligence—Are Not “Occurrences” or Are Excluded as...

In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more

Carlton Fields

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

Carlton Fields on

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

Wiley Rein LLP

Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision

Wiley Rein LLP on

The New York Appellate Division has held that a lawsuit against a children’s non-profit organization alleging negligent supervision of staff accused of sexually molesting children in the organization’s care was excluded from...more

Wiley Rein LLP

Intentional Acts Exclusion Bars Coverage for Wrongful Death Lawsuit

Wiley Rein LLP on

A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more

Hinshaw & Culbertson LLP

Commonsense Prevails; Intentional Attack is not an Insured Accident

In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more

White and Williams LLP

Homeowners Coverage for Arsonist’s Innocent Coinsured: Clarification From the MA Supreme Judicial Court

White and Williams LLP on

In Aquino v. United Property & Casualty Company, the Massachusetts Supreme Judicial Court addressed the responsibilities of an insurer under a homeowners policy to an innocent insured homeowner when her fiancée — a coinsured...more

Nossaman LLP

A Further Extension Of Coverage For Intentional Acts

Nossaman LLP on

Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more

Payne & Fears

California Supreme Court Rights the "Occurrence" Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under...

Payne & Fears on

In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called "intentional act" may give rise to insurance coverage under a liability insurance...more

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