An Indiana federal district court recently granted summary judgment on the ground that an insurer had no duty under a CGL policy to indemnify its insured, a general contractor, in a suit premised on alleged faulty workmanship of the insured’s subcontractors.
Read More Damages Caused To Component Parts By Subcontractors’ Deficient Work Is Not “Property Damage” Caused By An Occurrence”
Coverage & Claims
Insurer to Exclude Nanotube and Nanotechology from Coverage
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On October 2, 2008, Advisen reported that insurance company Continental Western Group (“CWG”) announced that it would exclude nanotube and nanotechnology from its coverage.
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Read More Insurer to Exclude Nanotube and Nanotechology from Coverage
New Jersey Appeals Court Holds Pollution Exclusion Does Not Apply to D&O Claim Related to Asbestos Disclosures
By Troutman Pepper Locke on
The New Jersey Superior Court, Appellate Division recently held that a pollution exclusion contained in a D&O liability policy does not bar coverage for shareholder claims alleging fraudulent statements in SEC disclosures concerning alleged pollution.
Court Finds That Insurer Did Not Waive Defense In Its Denial Letter Due to “Catch-all” Statement
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
A Pennsylvania state court recently held that an insurer had not waived a defense by failing to specifically reference it in a coverage denial letter because the letter contained a “catch-all” provision reserving the insurer’s rights to raise other coverage defenses and issues. …
Read More Court Finds That Insurer Did Not Waive Defense In Its Denial Letter Due to “Catch-all” Statement
Wisconsin Supreme Court Awards Nearly $1 Million Default Judgment Against Insurer That Failed to Timely Answer
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
In Otto v. Physicians Ins. Co. of Wisconsin Inc., 751 N.W.2d 805 (Wisc. 2008), a sharply divided Wisconsin Supreme Court affirmed a default judgment entered against an insurer for damages allegedly caused by its co-defendant insureds’ negligence, even though no finding had been made as to the insureds’ liability for the damages at issue. …
Read More Wisconsin Supreme Court Awards Nearly $1 Million Default Judgment Against Insurer That Failed to Timely Answer
Insane Act Can Be “Intentional” for Insurance Coverage Purposes
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The Ninth Circuit federal court of appeals recently held that a person can commit an “intentional act” for insurance purposes even if he was criminally insane at the time of the act. …
Read More Insane Act Can Be “Intentional” for Insurance Coverage Purposes
Pennsylvania Federal Court Bars As Untimely Insurers’ Attempt to Join Additional Insurers in Asbestos Coverage Case
By Troutman Pepper Locke on
A Pennsylvania federal court recently ruled that a group of defendant insurers in an asbestos coverage case would not be permitted to join a number of additional insurers as defendants in the action as their request for joinder was untimely.
Mortgage Broker’s E&O Policy Excludes Coverage for Fraudulent Acts of Its Employee in Connection with Subprime Mortgage Loan Application and Documents
By Troutman Pepper Locke on
The First Circuit Court of Appeals recently held that the fraud and dishonesty exclusion in an errors and omissions policy issued to a mortgage originator and broker excluded coverage for the fraudulent acts of one of its employees in the loan origination process. …
Read More Mortgage Broker’s E&O Policy Excludes Coverage for Fraudulent Acts of Its Employee in Connection with Subprime Mortgage Loan Application and Documents
Securities Claim Relates Back to Notice of Circumstances Regarding Patent Infringement Suit
By Troutman Pepper Locke on
The United States District Court for the Northern District of California recently held that a securities fraud claim related back to a notice of circumstances given by the insured to its primary and excess D&O insurers concerning an earlier patent infringement case.
False Billing Claims Are Not Covered “Professional Services” Under General Liability Policies
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The United States Court of Appeals for the Tenth Circuit recently held that general liability insurance policies that provide coverage for injuries caused by acts or omission in providing “professional services” do not trigger a duty to defend or indemnify claims for false billing. …
Read More False Billing Claims Are Not Covered “Professional Services” Under General Liability Policies