Notice is not necessarily late even when given after the jury verdict was rendered. Applying Indiana law, the Federal Seventh Circuit Court of Appeals overturned the district court’s grant of summary judgment in favor of the insurer and remanded the case for further fact findings. The court declined to bar coverage to Mead Johnson by primary and excess CGL carriers... Read More

Third-party complaints can be relied upon to establish a defense duty. An Illinois Appellate Court applying Illinois law found that the trial court had properly relied on third-party complaints, rather than just the original complaint, in determining that a CGL insurer had a duty to defend where the third-party complaints were reviewed solely to determine whether there was a potential... Read More

CGL Mitigation Expenses May Be Covered:  Coverage may be available for the costs of removing two interstate signs because an identical third sign fell.  (SC St.) The South Carolina Supreme Court held that expenses related to the removal of two interstate signs may be covered after an identical third sign fell, causing damage.  The court found that the state-ordered removal of... Read More

Coverage for two class action suits based on the release of private medical information was not excluded by a provision barring recovery for injuries arising out of the violation of state or federal law. A California Federal District Court refused to apply a Hartford policy exclusion barring coverage for violations of state and federal law, despite the fact the policyholder... Read More

In a Chinese drywall case, a Colorado state court (applying Massachusetts law) found that “pollutant” in an absolute pollution exclusion is ambiguous absent more facts. CGL insurers asserted that the absolute pollution exclusion in the policy issued to a Chinese drywall supplier barred coverage because the underlying claims alleged the release of pollutants.  Applying Massachusetts law, the court denied summary... Read More

The 9th Circuit Court of Appeals held that a policyholder who received a US EPA request for information and general PRP notice letter was entitled to a defense. In a case involving environmental contamination at the Portland Harbor, the 9th Circuit Court of Appeals reaffirmed an earlier ruling that an information request and a general Potentially Responsible Party (“PRP”) notice... Read More

In a Hurricane Katrina-related case, the federal 7th Circuit held that the fact the insured sold the property before the building was repaired without an assignment did not defeat coverage. The Seventh Circuit Court of Appeals found that an owner of an apartment building damaged in Hurricane Katrina had standing to sue, despite having sold the property before the repairs... Read More

In Wisconsin, a policyholder can access policies with a defense-in-addition obligation at the same time as indemnity-only policies, effectively prolonging the duration of the defense-only coverage. In a case concerning 200,000 asbestos suits, a Wisconsin Court of Appeals held that “all sums” language in six excess general liability insurance policies allowed the policyholder to access all six simultaneously.  Some of... Read More