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 »
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 »
Georgia Appellate Court Finds Insurer’s Intended Acceptance of Presuit Settlement Offer Invalid, As Check Was Issued Earlier Than Time Specified by Claimant
In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant Kyndyl Banks. The central question for both motions was whether a binding presuit settlement agreement existed between the parties under Georgia’s 2021 presuit demand statute (O.C.G.A. § 9-11-67.1). In February 2021, Pierce was involved in a motor ... Keep Reading »
Eleventh Circuit Holds Fungi or Bacteria Exclusion Inapplicable Because Cooling Tower Containing Legionella Was Not a “Building” or “Structure”
On June 28, 2023, the Eleventh Circuit Court of Appeals issued an opinion in Southern-Owners Insurance Co. v. Waterhouse Corp. affirming that fungi or bacteria exclusions did not apply because a cooling tower that allegedly contained Legionella bacteria was neither a “building” nor a “structure” within the meaning of the exclusions. In Waterhouse, a horticultural manufacturer hired Waterhouse Corp. to perform monitoring, maintenance, and water treatment services for ... Keep Reading »
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