On May 1, 2023, in West American Insurance Co. v. Del Ray Properties Inc., the U.S. District Court for the Western District of Washington held that general liability insurers owed no coverage obligations to a mobile home park operator in connection with delinquent payments of utility bills that jeopardized its residents’ water and garbage services because the underlying claims were for “expected or intended” injuries. Del Ray Properties Inc. is a Washington ... Keep Reading »
General Liability
No CGL Coverage for Opioid Distributor Sued for Economic Damages but Not Bodily Injury Damage
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct that contributed to a nationwide epidemic of opioid abuse. 57 F.4th 558 (6th Cir. 2023). Quest Pharmaceuticals, a Kentucky-based distributor of generic drugs, faced an onslaught of lawsuits from cities, counties, a county health department, ... Keep Reading »
New York Federal Judge Finds No Duty to Defend Based on War Exclusion’s Insurrection Clause
In Hartford Fire Ins. Co. v. The Western Union Co. et al., No. 22-CV-0557 (JMF) (S.D.N.Y. Sept. 22, 2022), a federal judge in New York granted Hartford Fire Insurance Company’s motion for judgment on the pleadings and motion to dismiss Western Union’s counterclaims, ruling that the war exclusion and financial services exclusion in its commercial general liability insurance policy both independently operated to bar coverage for the underlying lawsuit. Underlying ... Keep Reading »
Seventh Circuit Holds Insurer Had No Duty to Defend or Indemnify Fireworks Distributor Following Fourth of July Fireworks Explosions That Injured Two Volunteers
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 »
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 »
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 »
Federal Court Finds Selling Products in New Jersey Is Insufficient to Establish Personal Jurisdiction in Case Regarding Insurance Coverage for Underlying New Jersey Action
A U.S. district judge ruled in a coverage dispute that an allegation that a company sold products in New Jersey is insufficient to establish personal jurisdiction in a related insurance coverage action. In Ohio Security Insurance Co. v. Premium Food Group Inc., the court ruled that the fact that the insureds sought coverage for an underlying suit filed in New Jersey was not sufficient to exercise specific personal jurisdiction over two New York corporations. Underlying ... Keep Reading »
Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit
In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger coverage under commercial general liability insurance policies; (2) such policies generally do not cover the cost to repair construction defects or economic losses resulting from construction defects; and (3) parol evidence is irrelevant to the ... 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 »
Ninth Circuit Affirms Coverage Denial Based on Insured’s Unreasonable Expectations
In a brief opinion filed on December 3, 2021, in Atain Specialty Insurance Co. v. Dignity Housing West Inc., the Ninth Circuit Court of Appeals held that terms of coverage are limited by information contained in policy declarations and do not extend to risks not disclosed in the application. Oakland Apartment Fire In the early morning of Monday, March 27, 2017, a fire swept through a large, three-story transitional housing development in Oakland, California. The ... Keep Reading »
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