In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage caused by a hurricane during a construction project. However, the court found that the insured had standing to assert a claim for reformation of the insurance policy due to mutual mistake, even though the insured was not necessarily making a claim ... Keep Reading »
General Liability
Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies
In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs, and when its cyber coverage didn’t measure up to the costs of a data breach, the company tried to fit those cyber claims into its commercial general liability (CGL) policies. However, the Sixth Circuit ruled that those claims do not fit within the ... Keep Reading »
New Jersey Appellate Court Clarifies Meaning of “Wrongful Eviction” in Personal and Advertising Injury Coverage Section of Standard CGL Policy
In Watford Specialty Insurance Co. v. MDF 92 River Street LLC, the New Jersey Appellate Division clarified that the term “wrongful eviction” in the insuring agreement of a commercial general liability policy’s “personal and advertising injury” coverage section contemplates eviction from a place where the individual has a possessory interest or right of private occupancy. In that case, insurer Watford Specialty Insurance Co. issued a commercial general liability policy ... Keep Reading »
Federal Court Finds No Coverage for Mouthwash Tainted From Auto Cleanser Equipment
Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an “occurrence” under an excess liability policy. The case, Sage Products LLC v. Federal Insurance Co., arose from a recall of single-use oral hygiene kits that were provided to hospitals and nursing homes. The supplier of the kits contracted with a ... Keep Reading »
Explosives Manufacturer’s Pollution-Related Claim Blown Up by State-Specific Endorsement
In Dyno Nobel v. Steadfast Insurance Co., the Tenth Circuit Court of Appeals recently held that, under Utah law, where a specific state is listed in an endorsement heading, coverage under the endorsement is limited to claims that have a nexus with that state, so long as such a reading is consistent with the body of the endorsement and policy text. Dyno Nobel is an explosives manufacturer with its principal place of business in Utah. It purchased a commercial general ... Keep Reading »
Fifth Circuit Clarifies Meaning of “Advertising Idea” in Personal and Advertising Injury Coverage Section of Standard CGL Policy
In Princeton Excess & Surplus Lines Insurance Co. v. A.H.D. Houston Inc., the Fifth Circuit Court of Appeals clarified the meaning of the undefined term “advertising idea” in the insuring agreement of a commercial general liability policy’s “personal and advertising injury” coverage section. In that case, insurer Princeton Excess and Surplus Lines Insurance Co. (PESLIC) issued two commercial general liability policies to several Texas strip clubs. The strip clubs ... Keep Reading »
New York Federal Court Enforces “Third Party or Contracted Security” Exclusion to Abrogate Duty to Defend for All Defendants in Assault Suit
In Clear Blue Specialty Insurance Co. v. TFS NY Inc., the U.S. District Court for the Eastern District of New York, interpreting the plain and unambiguous terms of a commercial general liability policy issued by Clear Blue Specialty Insurance Co. to TFS NY Inc., ruled Clear Blue did not have a duty to defend TFS against a suit arising from an alleged assault. TFS does business as Sugardaddy’s and owns and operates a nightclub. The underlying dispute stemmed from a ... Keep Reading »
No Paying Over Slow Milk? Wisconsin Appellate Court Finds Intentional Act by Cattle Feed Supplier May Be “Occurrence” Under CGL Policy
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 circuit court’s summary judgment finding of no coverage in favor of the insurer, and remanded for further proceedings. The underlying claim arose when a cattle feed supplier substituted an ingredient in its feed that ultimately led to a magnesium ... Keep Reading »
Eighth Circuit Finds Assault & Battery Exclusion Bars CGL Coverage for Bar Patron’s Gunshot Injury
In Scaglione v. Acceptance Indemnity Insurance Co., the Eighth Circuit Court of Appeals affirmed a district court order holding that an assault and battery exclusion in a commercial general liability policy barred coverage for the insured bar owner with respect to an equitable garnishment action brought by a bar patron who was hit by a stray bullet during a dispute between two other patrons. In the underlying action, Sominkcole Conner, the victim of a shooting at Voce ... Keep Reading »
Second Circuit Gives Lesson in Interplay Between Construction Contracts and CGL/Umbrella Policies
On construction projects, it is common for the owners, general contractors, and subcontractors to execute various contracts requiring the parties to procure insurance and have other parties designated as additional insureds under those policies. Recently, the Second Circuit Court of Appeals in Amerisure Insurance Co. v. Selective Insurance Group Inc. addressed the interplay between construction contracts and commercial general liability and umbrella policies. The case ... Keep Reading »
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