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 …
Milkshake Kiosk Meets “Advertising Injury” Requirement for Publication
In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, …
Illinois Appellate Court Requires CGL Insurer To Defend Insured Against BIPA Claim
Illinois’ Biometric Information Privacy Act (“BIPA”) restricts businesses that collect biometric information (e.g., DNA, …
California Supreme Court Holds That Notice-Prejudice Rule Is A “Fundamental Public Policy” That Can Override Choice of Law Provisions
Choice of law can frequently be determinative of whether an insurer has liability on …