PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
  • Subscribe

Second Circuit Warns Insurers of Risks of Forgoing Discovery

January 30, 2024 by Julia Duffy

The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers Indemnity Co., the insurer, Travelers Property Casualty Co., had refused to indemnify its insured, Ezrasons Inc., for the full policy limit because it contended the loss did not occur at an “approved location” under the policy. The Second Circuit ultimately ... Keep Reading »

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

January 10, 2024 by Amanda Proctor

Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured capacity. These insured capacity limitations can take on different forms. For example, the policy may limit the definition of an “insured person” to someone acting in his or her capacity as an officer or director of the insured company. Or the ... Keep Reading »

New Jersey Appellate Court Clarifies Meaning of “Wrongful Eviction” in Personal and Advertising Injury Coverage Section of Standard CGL Policy

January 8, 2024 by Alex M. Bein

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 »

California Court Holds Intentional Acts Exclusion Bars Coverage for Shooting Claim Even Though Shooter Believed Gun Unloaded

December 20, 2023 by Andrew Daechsel

In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance Co. barred coverage for an underlying wrongful death lawsuit. The court rejected the insured’s argument that the exclusion rendered coverage illusory. The underlying wrongful death lawsuit involved a shooting at a party at the insured’s house. ... Keep Reading »

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

December 19, 2023 by Matthew Lewis

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during the claimant’s incarceration, but not when the claimant was originally arrested and wrongfully convicted of the crimes. In the late 1980s, William Virgil was convicted of crimes he did not commit and spent 28 years in prison before DNA testing ... Keep Reading »

Federal Court Finds No Coverage for Mouthwash Tainted From Auto Cleanser Equipment

December 8, 2023 by Roben West

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 »

“Common Sense Should Prevail” — Federal Court Recognizes Exception to “Eight-Corners Rule,” Allows Use of Undisputed Extrinsic Evidence to Preclude Duty to Defend

December 1, 2023 by Lauren Silk

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

November 20, 2023 by Benjamin Stearns

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

November 14, 2023 by Chad W. Dunham

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

November 3, 2023 by Alex M. Bein

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 »

  • « Previous Page
  • 1
  • 2
  • 3
  • 4
  • 5
  • …
  • 48
  • Next Page »
Carlton Fields Logo
A blog focused on legal developments in the property-casualty industry by the attorneys of Carlton Fields.

Get Weekly Updates!

Send Me Updates!

Focused Topics

  • Additional Insured
  • Bad Faith
  • Business Interruption
  • Class Action
  • Construction/Builder’s Risk
  • Coronavirus / COVID-19
  • Cybersecurity
  • Declaratory Judgment
  • Duty to Defend
  • Environmental
  • Flood
  • Homeowners
  • Occurrence
  • Pollution/Pollutant
  • Property
  • Regulatory
  • VIEW ALL TOPICS »

Recent Articles

  • Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract Claim
  • Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim
  • Connecticut Federal Court Construes Ambiguous Policy Exclusion in Favor of Coverage, but Rejects Bad Faith Claim

Carlton Fields

  • carltonfields.com
  • Practices
  • Industries
  • ExpectFocus Magazine

Related Industries/Practices

  • Insurance
  • Financial Lines Insurance
  • Property & Casualty Insurance
  • Financial Services & Insurance Litigation

About PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
© 2014–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · All Rights Reserved · Privacy Policy · Disclaimer

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions. Web Design by Espo Digital Marketing