In Southern-Owners Insurance Co. v. Midnight Tires Inc., the U.S. District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the insurer’s duty to defend in an action seeking a declaration that the insured’s garage general liability policy did not cover claims in an underlying motor vehicle injury lawsuit. In the underlying action, Midnight Tires Inc. was sued in connection ... 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 »
Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement
In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance coverage, as well as what constitutes adequate notice to excess carriers. Beginning in 2014, television producer Vizio started selling televisions that automatically tracked what customers were watching and sent that information back to Vizio. The ... 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 »
Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer
In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural irregularity” insufficient to void the default judgments entered against the insurer. The court also noted that the insurer’s failure to timely respond to the lawsuit was the result of an “internal communication issue” and not an extraordinary circumstance ... 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 »
Fifth Circuit Holds No Uninsured Motorist Coverage for Lyft Driver Following Crash
In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured vehicle. In April 2019, Maria Neptune worked as a driver for Lyft, a rideshare company. She accepted a request to provide a ride from Houston, Texas, to nearby Cypress, Texas. When Neptune arrived in her SUV at the pick-up location, a young man entered ... Keep Reading »
Alabama Federal Court Finds No Duty to Defend Lawsuit Alleging Concealment of Defects in Sale of Home
In Nationwide Mutual Fire Insurance Co. v. Carmichael, the U.S. District Court for the Northern District of Alabama, applying Alabama law, entered summary judgment ruling that Nationwide Fire Insurance Co. had no duty to defend a home seller under a homeowners policy for an underlying lawsuit alleging that the seller failed to disclose defects in his home when selling it. The underlying lawsuit was filed by the purchasers of the home. The purchasers asserted a claim ... Keep Reading »
Cause and Effect: Southern District of Florida Determines Parkland Shooting Constituted One Occurrence
In the ongoing case of Tony v. Evanston Insurance Co., the U.S. District Court for the Southern District of Florida recently issued a ruling denying a motion to dismiss filed by defendant Evanston Insurance Co. in which it addressed whether multiple shootings originating from a single shooter are treated as separate occurrences or a single occurrence for purposes of coverage under an insurance policy. In the context of insurance coverage cases dealing with shootings, the ... 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 »
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