December 4, 2023
A long line of Illinois court cases has held that damage caused by construction defects isn’t covered by commercial general liability insurance. Some rulings cited the scope of work, others focused on the nature of the damage and some hinged …
July 12, 2023
A 2015 Listeria outbreak linked to ice cream sold by Blue Bell Creameries hospitalized 10 people and killed three. While those injuries and deaths were certainly “bodily injuries,” a lawsuit filed by investors against Blue Bell’s board of directors for …
January 27, 2023
The mother of a baby girl who was killed by her father may pursue a claim against the father’s insurer because of unresolved questions, including whether the death was an accident, a divided Wisconsin Supreme Court ruled Thursday. In a …
January 11, 2023
An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The …
June 8, 2020
The Iowa Supreme Court cleared the way for a federal lawsuit against an amusement park to proceed, reversing a district court ruling that a ride operator’s fatal actions were so reckless that they amounted to an intentional act. If Stephen …
January 31, 2020
DOVER, Del. — Delaware’s Supreme Court has overturned a judge’s ruling that an insurance company must extend liability coverage to a teenager who was convicted of criminally negligent homicide after a school bathroom attack that left a 16-year-old girl dead. …
October 21, 2019
At the outset, power outages, wildfires, and vaping bans do not appear similar at all, but in the rush to protect consumers and constituents from harm, companies and state legislators may be creating an entirely new, uninsured claim type. Insurance …
September 17, 2019
Sapa Extrusions purchased 28 insurance policies from eight carriers, but not one of them would reimburse the manufacturer for the cost of a settlement it paid after being sued for shoddy workmanship. A federal appellate court, however, has cleared the …
June 13, 2018
In a decision that may have wide ranging effect on California employers, the California Supreme Court last week ruled that negligent hiring can be considered an occurrence. The coverage case made its way to the state’s highest court when the …
November 13, 2013
Generally there is a split among the jurisdictions as to whether negligent misrepresentation generally constitutes an “occurrence.” Steven Plitt and Jordan R. Plitt, Practical Tools for Handling Insurance Cases, § 13:2(B)(4), pp. 13-28 through 13-30 (Thomson Reuters) (2011 and 2013 …