Commercial General Liability Dispatch

Tressler’s experienced Insurance attorneys provide the latest commercial general liability news and insights.

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In Lubrizol Advanced Materials, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2020 WL 1943212, — N.E.3d —- (2020), the Ohio Supreme Court addressed the certified question of “whether an insured is permitted to seek full and complete indemnity, under a single policy providing coverage for ‘those sums’ that the insured becomes legally obligated to pay because of property damage that takes place during the policy period, when the property damage occurred over multiple policy periods,” and answered in the negative. The court, which previously applied the “all sums” rule in Goodyear Tire & Rubber Co. v.
While the Illinois COVID-19 stay-at-home order continues to keep everyone at home, the First District of the Illinois Appellate Court has been busy. The Court issued two decisions concerning the right to independent counsel and when there may be a conflict between an insurer and an insured in the defense of an underlying action. In the first, Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America, 2020 IL App (1st) 182491, issued on April 7, 2020, the court addressed issues raised by the Seventh Circuit’s decision in R. C. Wegman Construction Co. v. Admiral Ins.
In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured, Brighton Collectibles, LLC (“Brighton”), collected and sold Plaintiff’s and other customers’ personal information (full name, e-mail address, residence address and telephone number, along with the credit card information necessary to complete the sale) in violation of California’s Song-Beverly Credit Card Act (the “Credit Card Act”), Cal. Civ. Code § 1747.08. (See Brighton Collectibles, LLC v. Certain Underwriters at Lloyds London, No. CV 18-1107-JFW(GJSX), 2018 WL 9782167, at *1 (C.D. Cal. Sept. 27, 2018), rev’d…
In Certain Underwriters at Lloyd’s of London et al. v. ConAgra Grocery Products Company, et al. San Francisco County Superior Court, Case No. CGC-14-53673, a San Francisco Superior Court recently ruled that ConAgra’s insurers are not required to pay its $102 million… Continue Reading → The post California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement appeared first on Commercial General Liability Dispatch.…
Last week, we wrote about the Illinois Supreme Court’s decision late last year, holding that insurance coverage for malicious prosecution was triggered when the insureds’ wrongful conduct occurred rather than when the underlying claimant was exonerated.  Earlier this year, the… Continue Reading → The post Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim appeared first on Commercial General Liability Dispatch.…
Commercial general liability insurance policies typically afford coverage for “personal injury” or “personal and advertising injury,” which is often defined to include “false imprisonment” and “malicious prosecution.” As a result, when local agencies and their employees are sued arising out of… Continue Reading → The post Illinois Supreme Court Decides Trigger of Coverage for Malicious Prosecution Coverage Claims appeared first on Commercial General Liability Dispatch.…
In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer… Continue Reading → The post New York Federal Court Applies Media Exclusion appeared first on Commercial General Liability Dispatch.…
In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily… Continue Reading → The post Maryland Court Addresses Time On The Risk Allocation For Lead Injury appeared first on Commercial General Liability Dispatch.…
This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s… Continue Reading → The post Courts Explain California Choice Of Law Principles In Recent Cases appeared first on Commercial General Liability Dispatch.…
In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound… Continue Reading → The post WA Supreme Court Held Agent’s Representations in Certificate of Liability Insurance Bound Insurance Company Despite Conflicting Policy Language appeared first on Commercial General Liability Dispatch.…
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading → The post Number of Occurrences for Toxic Torts appeared first on Commercial General Liability Dispatch.…
In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of… Continue Reading → The post Illinois Federal Court Finds Coverage For Opioid Settlement appeared first on Commercial General Liability Dispatch.…
In Illinois Tool Works, Inc. v. Ace Specialty Ins. Co., 2019 IL App (1st) 181945, the Illinois Appellate Court upheld the lower court’s grant of partial summary judgment to two insurance companies holding that the insurers had no duty to… Continue Reading → The post Illinois Court Finds Insurers Owe No “Defense” To Insured For Pre-Suit Mediation appeared first on Commercial General Liability Dispatch.…