Coverage & Claims

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The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub. …
Read More Georgia Federal District Court Finds that Hot Tub Water is “Intended for Bodily Consumption”

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, recently held that the fraudulent acts/willful violation exclusion contained in the subject Executive Protection Portfolio policy (the “Policy”) precluded coverage of defense costs for a criminal action and related derivative and securities lawsuits against an insured CEO.  The court also ruled that the insurer was entitled to recoup defense costs advanced. 

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Read More Pennsylvania Federal Court Rules That Fraudulent Acts/Willful Violation Exclusion Bars Coverage Based on CEO’s Guilty Plea and Insurer Entitled to Recoupment of Defense Costs

Earlier this year, a Chilean court found an insurance broker liable to an insurance beneficiary for failing to obtain the insurance coverage requested, which led to the insurer denying the beneficiary’s claim for disability benefits. …
Read More Chilean Court Finds Insurance Broker Liable for Failure to Obtain Requested Coverage, Leading to Claim Denial by Insurer

The Connecticut Superior Court recently granted the motion for summary judgment of a passenger’s insurer in a lawsuit concerning uninsured/underinsured motorist coverage on the basis that the amount of potential coverage was capped and coverage under this excess insurer’s policy was not recoverable. 

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Read More Connecticut Trial Court Dismisses Passenger’s Insurer From Uninsured Motorist Lawsuit

The U.S. District Court for the Northern District of Illinois recently granted an insurer’s motion for summary judgment, finding no coverage on the ground that the underlying complaint alleged solely intentional conduct that was not covered under the Errors and Omissions insurance policy at issue. 

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Read More U.S. District Court Grants Insurer’s Motion for Summary Judgment, Finding No Coverage Where the Underlying Complaint Alleged Solely Intentional Conduct

In a meeting this week with Democrats from the Florida House of Representatives, Florida Insurance Commissioner Kevin McCarty stated that, in his opinion, damages associated with allegedly toxic Chinese drywall are not covered damages under homeowner’s insurance policies. …
Read More Chinese Drywall – Florida Insurance Commissioner States that Chinese Drywall Damage Not Covered By Homeowner’s Policies

In Wickham Van Eyck (a firm) v Norwich Union Insurance Limited [2009] EWCH 2625 (Comm), the High Court held that the defendant insurer was bound to indemnify the claimant firm of architects under the terms of an insurance policy in respect of a dispute between the claimant and another firm of architects. 

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Read More UK: Court Refuses to Imply Concept of Dominant Purpose into Insurance Policy Wording

Stephen Prignano and Denise Kraft, of Edwards Angell Palmer & Dodge, LLP, have obtained summary judgment for Lexington Insurance Company (“Lexington”) in an insurance coverage dispute arising out of a salmonella outbreak caused by contaminated peanut butter. 

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Read More Delaware Court Holds that Endorsement Requires Exhaustion of Separate Retained Limits for Each Lot or Batch of Contaminated Peanut Butter

In Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of America, No. ED 91441 (Mo.App.E.D. Aug. 11, 2009), a Missouri Appellate Court declined to consider any findings made by the court in an underlying matter in its analysis of whether a policy exclusion applied and precluded coverage. …
Read More Missouri Appellate Court Affirms No Duty to Defend Based on Allegations of Complaint Even if Allegations Groundless

In Everest National Insurance Company, et al. v. Robert Sutton, 07-Civ.-722 (JAP) (D.N.J. Oct. 14, 2009), the court dismissed five of Defendants’ counterclaims and three affirmative defenses on Plaintiff’s motion to dismiss. 

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Read More United States District Court Grants Insurer’s Motion To Dismiss In Case Involving Guaranties Of Reinsurance For Default Protection Insurance