In Pacific Indemnity Co. v. Lampro, No. 13-P-1510 (Mass. Ct. App. July 24, 2014), the Massachusetts Appeals Court held that faulty work by the insured’s subcontractor in removing trees and brush from the claimants’ property was not an accident and therefore not an occurrence under the CGL policy. The court also held that in addition to its conclusion that the faulty work was not an occurrence, the policy’s business risk exclusions, particularly j(5) and j(6), “also provided [the insurer] an alternative defense.”
One insurer recently looked to litigation as a tool for recouping past losses it attributes to climate change
The Alabama Supreme Court, reversing its prior precedent, held that construction defects meet the definition of an “occurrence” within a commercial general liability (CGL) policy. The court also held that the “products-completed operations” exclusion does not apply when the policy declarations show that the insured has purchased products-completed operations coverage. Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 Ala. LEXIS 44 (Ala. March 28, 2014).
By Marla H. Kanemitsu
The Seventh Circuit Court of appeals directed that an excess insurer’s concerns about a policyholder settling “on the cheap” with a lower-layer insurer—thereby potentially increasing the excess insurer’s coverage obligations—was an issue the excess insurer should address through its policy language, not through the bankruptcy courts.
By Erica J. Dominitz and Gregory M. Jacobs
Parties have disputed, and courts have addressed, whether the valuation of a business interruption claim should consider the effects that a hurricane or other catastrophic event had on the surrounding region, positive or negative, including its effect on the policyholder’s competitors and on the local economy
By Andy Dogali and Jacqueline H. Palik
Liability insurance may entitle an insured to a defense and to indemnification for a third-party claim made against it. In Florida, an insurer's duty to defend its insured against such a claim is separate and apart from the duty to indemnify the insured.
This clip considers whether liability insurance policies’ personal and advertising injury protection covers wrongs committed against both natural persons and organizations. (10:20 min)
A suit limitation clause provides that a cause of action or law suit must be brought within a certain time period – depending on jurisdiction. Nick Insua explains the ins and outs of these situations. (8:47 min)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
The latest issue of Coverage is now available.
The ICLC has formed subcommittees to focus on diverse areas of substantive insurance coverage law and procedural aspects of insurance coverage litigation. All of our subcommittees are cochaired by lawyers who typically represent policyholders, paired with lawyers who typically represent insurance companies, an arrangement that provides balance, promotes collegiality, and assures lively dialogue.
Insurance Coverage Litigation Leadership
|Cochairs||Web Editors||Newsletter Editor|
John G. Buchanan III
Los Angeles, CA
James M. Davis
Erik A. Christiansen
Salt Lake City, UT