The Insured Should Have Seen It Coming: Nevada Court Enforces Prior Acts Exclusion
Liability policies commonly contain exclusions precluding coverage when the insured knew or should have …
Pennsylvania District Court Finds No Coverage for Foreseeable Damages to Third-Party Property Caused By Faulty Workmanship
In Berkley Specialty Ins. Co. v. Masterforce Constr. Corp., No. 4:19-CV-01162, 2021 U.S. Dist. …
When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage
When a named insured is only 1% responsible for an accident, what percentage of …
Extrinsic Evidence and the Duty to Defend in Texas: To Be or Not to Be?
In July of 2020, the United States Court of Appeals for the Fifth Circuit …
Does a CGL Policy’s “Business Description” or “Class Code” Limit Coverage?
One way a CGL insurer can narrow otherwise broad bodily injury and property damage …
What a Difference a Word Makes
A recent decision by a Massachusetts Appellate Court reinforces that every word in …
Eleventh Circuit Reaffirms Exception to the ‘Four Corners’ Rule for Determining an Insurer’s Duty to Defend
As a general rule, an insurer’s duty to defend arises under Florida law when …
Additional Insured, Privity, and the Joint Venturer Adventure
Commercial general liability policies often include additional insured endorsements that extend coverage to entities …
Insurer May Not Intervene In Insured’s Construction Defect Trial To Seek Allocation of Damages
In Builders Mut. Ins. Co. v. Island Pointe, LLC, No. 27970, 2020 S.C. LEXIS …
Paying for Both Sides of Litigation: Limitations on CGL Coverage
Commercial general liability policies often include additional insured endorsements that afford coverage to entities …