Disclaimer: This survey is for general information only and is not intended to provide and should not be relied upon exclusively for legal advice in any particular circumstance or fact situation. Past cases and decisions do not
Commercial General Liability Dispatch
Tressler’s experienced Insurance attorneys provide the latest commercial general liability news and insights.
Latest from Commercial General Liability Dispatch - Page 2
Ohio Court: Insurer Owes Duty To Defend Opioid Claim
In Acuity v. Masters Pharmaceutical, Inc., 2020 WL 3446652, 220 -Ohio- 3440 (Ohio. Ct. App. June 24, 2020), the court held that an insurer owed a duty to defend claims by government entities against an insured wholesale pharmaceutical distributor, concluding the claims involved “damage because of ‘bodily injury.’” The court reasoned that at least…
Ohio Supreme Court Declines To Apply “All Sums” Rule
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…
The Illinois Appellate Court and the Right to Independent Counsel
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…
“Publishing” Exclusion Did Not Preclude Duty To Defend Alleged “Publication” of Personal Information
In an unpublished opinion, the Ninth Circuit Court of Appeals held that an insurer had a duty to defend its insured for a putative class action alleging that the insured,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…
California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement
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…
California Court Finds Section 533 Applies to Preclude Coverage for Lead Paint Settlement
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…
Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim
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…
Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim
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…
Nebraska Supreme Court: Professional Services Exclusion Does Not Apply to Wrongful Conviction Claim
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…