In T.H.E. Insurance Company v. Trey D. Olson, et. al., the Seventh Circuit Court of Appeals agreed with the U. S. District Court for the Eastern District of Wisconsin, holding that the insurer had no duty to defend or indemnify its insured based on a policy exclusion for injuries to any persons assisting or aiding in the display of fireworks. This case arose out of fireworks explosions at separate fireworks displays that injured Timothy Olson and Todd Zdroik, two ... Keep Reading »
Exclusions/Exceptions
Third Circuit Holds Assault or Battery Exclusion Bars Coverage for Sex Trafficking Claims
In Nautilus Insurance Co. v. Motel Management Services Inc., the Third Circuit Court of Appeals held that a commercial general liability policy’s assault or battery exclusion barred coverage for claims involving alleged sex trafficking. Motel Management was a declaratory judgment action filed by an insurer against its insured, a motel, under a CGL policy issued by the insurer to the motel. The policy provided defense and indemnity coverage for certain bodily injury ... Keep Reading »
Eleventh Circuit Holds Buzz Words in Arbitration Demand Insufficient to Trigger Duty to Defend
On November 8, 2022, the Eleventh Circuit Court of Appeals agreed with the U.S. District Court for the Middle District of Florida that Mount Vernon Fire Insurance Co. did not have a duty to defend Global Travel International Inc. in an arbitration between Global Travel and Qualpay Inc. despite Global Travel’s best efforts to bring the claim within coverage. Global Travel and Qualpay entered into a merchant card processing agreement pursuant to which Global Travel ... Keep Reading »
Insurer Not Liable for Law Firm Accused of Violating North Carolina Driver’s Privacy Protection Act
A federal judge recently granted Nationwide’s motion for summary judgment, ruling that it had no duty to defend or indemnify a personal injury law firm and its founder in an underlying lawsuit alleging violations of North Carolina’s Driver’s Privacy Protection Act (DPPA). In AMCO Insurance Co. v. Van Laningham & Associates PLLC, U.S. District Judge James C. Dever III ruled that Bradley Law Group’s alleged violations of the DPPA did not involve the publication of ... Keep Reading »
Eleventh Circuit Affirms Dismissal of First-Party Property Complaint for Failure to Meet Pleading Standard
The Eleventh Circuit Court of Appeals, in M&M Sisters LLC v. Scottsdale Insurance Co., affirmed the district court’s dismissal of an insured’s third amended complaint against its insurance carrier for failure to state a claim for relief without further leave to amend. The plaintiffs, M&M Sisters LLC and its two owners Bertha Garcia and Maria Mendez, purchased a commercial general liability policy from the defendant, Scottsdale Insurance Co., covering an ... Keep Reading »
Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy
To paraphrase Justice Oliver Wendell Holmes Jr., a case “which appeals to the feelings and distorts the judgment” makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals resisted the urge to let its emotions carry the day. In Scottsdale Insurance Co. v. Discovering Me Academy LLC, the court instead adhered to well-established principles of Texas contract law to preclude coverage under a policy issued by ... Keep Reading »
Sixth Circuit Finds Unregistered Security Exclusion Bars Professional Liability Claim
In Saoud v. Everest Indemnity Insurance Co., the Sixth Circuit Court of Appeals held that an “unregistered security exclusion” barred coverage for various underlying lawsuits under a professional liability policy. The policyholder, William Saoud, was in the business of selling insurance-related products, such as annuities, life insurance, and long-term health care products. In 2017 and 2018, Saoud sold some of his clients an investment product called the 1 Global ... Keep Reading »
Louisiana Supreme Court Finds “Assault and Battery Exclusion” Barred Coverage for Kidnapping at Insured’s Motel
In granting summary judgment to the insurer and finding no duty to defend, Louisiana’s highest court reversed a trial court’s ruling on the basis of the “clear and unambiguous” assault and battery exclusion in a commercial general liability policy. Kazan tragically arose from a kidnapping and subsequent homicide of a guest of the insured — a motel operating in Alexandria, Louisiana. As the victim was attempting to retrieve something from her vehicle, another motel ... Keep Reading »
Delaware Superior Court Applies “Meaningful Linkage” Test for D&O Related Acts Analysis
In Options Clearing Corp. v. U.S. Specialty Insurance Co., the Delaware Superior Court addressed the scope of related or interrelated wrongful acts policy language in connection with SEC investigations and enforcement actions involving the insured, Options Clearing Corp. (OCC). According to the opinion, OCC is a registered U.S. clearing agency and derivatives clearing organization, which provides clearing and settlement services to 18 exchanges. OCC is the sole ... Keep Reading »
Eleventh Circuit Finds Employer’s Liability Exclusion Ambiguous Under Alabama Law
The Eleventh Circuit Court of Appeals affirmed a decision that an insurer had a duty to defend its insureds under a commercial general liability policy in an action arising out of a catastrophic explosion at a pyrotechnics plant that killed two individuals and injured another, holding an "employer's liability exclusion" was ambiguous under Alabama law and thus must be construed in favor of coverage. The exclusion provided: "This insurance does not apply to any claim, ... Keep Reading »
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