June 8, 2020
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 …
January 31, 2020
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. …
October 21, 2019
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 …
September 17, 2019
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 …
June 13, 2018
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 …
November 13, 2013
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 …
July 11, 2011
Hawaii Gov. Neil Abercrombie has signed legislation its supporters hope will restore coverage for construction defect claims under a commercial general liability (CGL) policy that was called into question by a 2010 court ruling. However, an attorney specializing in insurance …