commercial general liability News

Nearly a Decade After Breach, Home Depot Appeals to Get Defense Costs From CGL Policies

Think cyber events don’t have long tail? Consider this: Home Depot is still in a legal battle to get $50 million in coverage from two insurers nearly a decade after hackers used point-of-sale machines to hack the retailer. In a …

S. Carolina Insurer’s Bad Faith Causes $27M Loss from Policies with $2.5M Limit

Jose Castillo didn’t ask his insurance company to defend him from a lawsuit that alleged his shoddy construction caused millions of dollars in water damage to a townhouse project, so his insurer didn’t provide a defense. That turned out to …

Illinois Supreme Ct. Questions Prior Rulings, Holds Construction Defects May Be Covered

A long line of Illinois court cases has held that damage caused by construction defects isn’t covered by commercial general liability insurance. Some rulings cited the scope of work, others focused on the nature of the damage and some hinged …

Viewpoint: Court Rulings Reject Insurer Defenses to Biometric Liability

A series of recent decisions have established that commonly held Commercial General Liability (CGL) policies can and do cover lawsuits brought under Illinois’s Biometric Information Privacy Act (BIPA). These rulings build on the decision in West Bend Mutual Insurance Co. …

Workers’ Compensation Undercuts Employer Liability Exclusion, U.S. Appeals Court Rules

Since workers’ compensation shields an employer from liability, an insurer may not be able to rely on an employer liability exclusion in a commercial general liability policy to avoid claims. That’s the potentially costly message a federal appeals court has …

3rd Circuit Finds Insurer Not Liable for Botched Fracking Operation

A well servicing company that damaged 53 natural gas wells by using a defective chemical during a hydrofracking operation is not entitled to insurance coverage for a $13 million jury verdict because there was no accident, a panel of the …

Ohio High Court Rules Coverage Owed for Contamination That Ruined Product

Contamination that ruined more than $1 million worth of glass containers manufactured by a policyholder’s customer counts as damage that is covered by an umbrella insurance policy, the Ohio Supreme Court ruled Wednesday. The Supreme Court justices unanimously agreed that …

7th Circuit: Insurer Must Defend Horse Farm From Lawsuit Over Golf Cart Accident

An insurer must defend an Illinois equestrian business from a lawsuit filed by a man who was injured when he was run over by a golf cart operated by an employee who was chasing a loose horse, a federal appellate …

Policyholders Digging for ISO Documents to Support COVID-19 BI Claims

Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders. Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to …

Viewpoint: Anticipated Coronavirus Claims Scenarios Across Major Coverage Lines

As the COVID-19 pandemic has progressed over the past several months, participants in the insurance industry have recognized the likelihood of a resulting increase in claims volume. Much of the early focus has been on the ramifications to insurers that …