Panel Partly Reverses Ruling In Coverage Dispute Prompted By Defective Contacts
DETROIT - A Michigan appeals panel on Feb. 28 affirmed a lower court's ruling that a commercial insurer has a duty to defend and indemnify its dollar-store insured against products liability and...
View ArticleJudge: Professional Services Exclusion Does Not Apply In Ventilator Failure...
HATTIESBURG, Miss. - A businessowners insurance policy's professional services exclusion is inapplicable in a coverage dispute stemming from underlying claims that the failure of a ventilator and its...
View Article10th Circuit Partly Reverses Ruling In Directors, Officers Liability Coverage...
DENVER - The 10th Circuit U.S. Court of Appeals on Feb. 25 reversed in part a ruling that an insurer had no duty to defend a homeowners association's officer against an underlying federal lawsuit...
View ArticlePanel: Insurer Had Duty To Defend Accountant Against Suit Prompted By IRS Audit
WAUSAU, Wis. - An errors and omissions insurer breached its duty to defend its accounting firm insured against a malpractice lawsuit when it withdrew its defense without first seeking a judicial...
View ArticleInsurer Fails To Establish Funeral Services Exclusion Applies, Federal Judge...
MOBILE, Ala. - A commercial general liability insurer has failed to show that its policy's funeral services exclusion bars coverage for underlying claims against its cemetery insured, an Alabama...
View ArticleInsurer Did Not Breach Its Contract As It Had No Duty To Defend, Panel Concludes
NEW ORLEANS - A commercial general liability insurer has not breached its contract because it has no duty to defend an insured against allegations that are either purely economic and, thus, not covered...
View ArticleAdditional Insured Entitled To Attorney Fees, Florida Majority Rules In Reversal
MIAMI - The University of Miami is entitled to be indemnified for attorney fees and costs incurred in an underlying lawsuit stemming from a pool accident, a majority of a Florida appeals panel ruled...
View ArticleFederal Judge: Claims Arise Out Of Insured's Performance Of Professional...
SANTA ANA, Calif. - Underlying claims against an insured arise out of its performance or failure to perform professional services, a California federal judge ruled Feb. 26 in a coverage dispute arising...
View ArticleUtah High Court: No Defense Owed For Suits Over Marketing Of Weight Loss Product
SALT LAKE CITY - Underlying claims do not "arise out of" an insured's "use of another's advertising idea" in the sense required for coverage under a commercial general liability insurance policy, the...
View ArticleNo Coverage For Sandusky's Offenses Against Children, Federal Judge Rules
HARRISBURG, Pa. - An insurer has no duty to defend convicted child molester Gerald A. Sandusky under the policy it issued to The Second Mile charity because the conduct alleged in underlying civil and...
View ArticlePanel Affirms Transfer Of PSU's Sandusky Coverage Suit To Philadelphia County
PHILADELPHIA - A panel of the Pennsylvania Superior Court on Feb. 21 rejected an appeal by Pennsylvania State University (PSU) challenging a lower court's order coordinating two coverage suits over...
View ArticleMajority: Louisiana's Direct Action Statute Does Not Trump Reporting Provision
NEW ORLEANS - A lawyers professional liability insurance policy's provision requiring that a claim be reported within the policy's effective period is enforceable in a third party's lawsuit seeking...
View ArticleFederal Judge Refuses To Grant Final Judgment In Professional Liability Dispute
BALTIMORE - Finding that discovery is necessary, a Maryland federal judge on Feb. 22 denied an accounting firm insured's motion for final judgment in its declaratory judgment action seeking...
View ArticleInsurer Has No Duty To Defend Attorney Insured, Illinois Panel Affirms
CHICAGO - An Illinois appeals panel on Dec. 20 affirmed a lower court's ruling in favor of a professional liability insurer in a dispute over coverage for underlying fraud claims against an attorney...
View ArticleFederal Judge: Insurer Has No Duty To Defend Fraud Counterclaim Against Jeweler
DAYTON, Ohio - The only reasonable interpretation of a counterclaim against a jeweler insured is that it is a fraud claim, which is not covered under a business owners special policy, an Ohio federal...
View ArticleCalifornia Panel Reverses Ruling For Insurer In Employee Theft Coverage Dispute
SAN DIEGO - Finding that an employee dishonesty coverage limitation is not conspicuous, plain and clear, a California appeals panel on Feb. 27 reversed and remanded a lower court's ruling in favor of...
View ArticlePanel Partly Reverses Ruling In Coverage Dispute Prompted By Defective Contacts
DETROIT - A Michigan appeals panel on Feb. 28 affirmed a lower court's ruling that a commercial insurer has a duty to defend and indemnify its dollar-store insured against products liability and...
View ArticleJudge: Professional Services Exclusion Does Not Apply In Ventilator Failure...
HATTIESBURG, Miss. - A businessowners insurance policy's professional services exclusion is inapplicable in a coverage dispute stemming from underlying claims that the failure of a ventilator and its...
View ArticlePanel: Insurer Had Duty To Defend Accountant Against Suit Prompted By IRS Audit
WAUSAU, Wis. - An errors and omissions insurer breached its duty to defend its accounting firm insured against a malpractice lawsuit when it withdrew its defense without first seeking a judicial...
View ArticleInsurer Fails To Establish Funeral Services Exclusion Applies, Federal Judge...
MOBILE, Ala. - A commercial general liability insurer has failed to show that its policy's funeral services exclusion bars coverage for underlying claims against its cemetery insured, an Alabama...
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