occurrence News

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 …

No Coverage for Investor Losses Caused by Blue Bell’s Listeria Outbreak

A 2015 Listeria outbreak linked to ice cream sold by Blue Bell Creameries hospitalized 10 people and killed three. While those injuries and deaths were certainly “bodily injuries,” a lawsuit filed by investors against Blue Bell’s board of directors for …

Wisc. Supreme: Homicide Conviction Doesn’t Mean Baby’s Death Wasn’t an Accident

The mother of a baby girl who was killed by her father may pursue a claim against the father’s insurer because of unresolved questions, including whether the death was an accident, a divided Wisconsin Supreme Court ruled Thursday. In a …

No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules

An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The …

Iowa Supreme Court Finds Gross Negligence Not Always an Intentional Act

The Iowa Supreme Court cleared the way for a federal lawsuit against an amusement park to proceed, reversing a district court ruling that a ride operator’s fatal actions were so reckless that they amounted to an intentional act. If Stephen …

Court Says Insurance Doesn’t Cover Attacker in School Fight

DOVER, Del. — Delaware’s Supreme Court has overturned a judge’s ruling that an insurance company must extend liability coverage to a teenager who was convicted of criminally negligent homicide after a school bathroom attack that left a 16-year-old girl dead. …

Viewpoint: What Do Power Outages, Wildfires, and Vaping Bans Have in Common?

At the outset, power outages, wildfires, and vaping bans do not appear similar at all, but in the rush to protect consumers and constituents from harm, companies and state legislators may be creating an entirely new, uninsured claim type. Insurance …

3rd Circuit Revives Some of Manufacturer’s Claims Against Insurers

Sapa Extrusions purchased 28 insurance policies from eight carriers, but not one of them would reimburse the manufacturer for the cost of a settlement it paid after being sued for shoddy workmanship. A federal appellate court, however, has cleared the …

California Supreme Court: Negligent Hiring is an Occurrence

In a decision that may have wide ranging effect on California employers, the California Supreme Court last week ruled that negligent hiring can be considered an occurrence. The coverage case made its way to the state’s highest court when the …

Is Negligent Misrepresentation a Covered ‘Occurrence’?

Generally there is a split among the jurisdictions as to whether negligent misrepresentation generally constitutes an “occurrence.” Steven Plitt and Jordan R. Plitt, Practical Tools for Handling Insurance Cases, § 13:2(B)(4), pp. 13-28 through 13-30 (Thomson Reuters) (2011 and 2013 …