Not Every Toxic Substance Is a Pollutant: Court Rejects Effort to Shift Methanol Claims into Pollution Coverage
Insurance coverage disputes can involve unusual facts, but the facts in Parsons v. Crum …
Insurer’s Reservation of Rights Protects its Ability to Withdraw from Insured’s Defense under New Jersey Law
The New Jersey Supreme Court recently upheld an insurer’s coverage denial and withdrawal from …
Texas Supreme Court Recalibrates Review of Noneconomic Damages
Recent Texas appellate decisions reflect an increased scrutiny of large awards for noneconomic damages. …
Broader Auto Exclusion in Follow Form Excess Policy Controls Over Narrower Exclusion From General Liability Policy
In the recent decision of StarStone National Insurance Company v. Golf Argonomics Supply & …
Nebraska Supreme Court Reasons Temporary Dispossession of Aircraft Due to Civil Dispute Satisfies “Direct Physical Loss” Requirement
In a recent Nebraska Supreme Court decision, U.S. Specialty Insurance Co. v. DSA Avionics …
Major Pasta Recall Illustrates Issues that Could Arise Under Food Contamination Insurance Policies
Since June, the FDA, USDA and CDC have been investigating a multistate outbreak of Listeria …
Texas Supreme Court Clarifies Proportionate Responsibility in Nonsubscriber Workplace Injury Claims
The Texas Supreme Court’s recent decision in In re East Texas Medical Center Athens, 712 …
Is there CGL Coverage for Cyber Breach Claims?
The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et …
Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service Contract Requirements
While not often in the limelight, standard business practice relies on service contracts and, …
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
“We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The …