Anthony L. Miscioscia and Marianne Bradley | White and Williams On January 11, 2022, the United States Court of Appeals for the Fifth Circuit issued its decision in Siplast, Incorporated v. Employers Mutual Casualty Company, 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022), finding that an insurer had a duty to defend its insured… Continue reading Fifth Circuit – – Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’
Category: Insurance Coverage
A Guide to Evaluating Snow & Ice Cases
Nicholas P. Hurzeler | Lewis Brisbois New York, N.Y. (November 9, 2021) – As the winter season nears, defendant property owners are reminded that New York law imposes liability for sidewalk accidents resulting from slip and falls on snow and ice. Within the City of New York, Administrative Code § 7-210 imposes liability on the owners… Continue reading A Guide to Evaluating Snow & Ice Cases
Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Tred R. Eyerly | Insurance Law Hawaii Interpreting Montana law, the federal district court found that the policy’s anti-concurrent causation clause prevented coverage for the insured’s damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021). Plaintiff was advised by her tenants that water… Continue reading Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
David Adelstein | Florida Construction Legal Updates How you plead allegations in your lawsuit to trigger duties of a liability insurance carrier is a critical consideration. If the complaint is not pled appropriately, it can result in the carrier NOT owing a duty to defend its insured, which is the party(ies) you are suing. If there… Continue reading How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
The Insured has the Duty to Prove Coverage for Defense
Barry Zalma | Zalma on Insurance In Zurich American Insurance Company v. Ironshore Specialty Insurance Company, 137 Nev.Adv.Op. 66, No. 81428, Supreme Court of Nevada, En Banc (October 28, 2021) the Supreme Court was asked to answer inquiries from the Ninth Circuit because two federal district courts issued conflicting decisions regarding whether, in Nevada, the insured… Continue reading The Insured has the Duty to Prove Coverage for Defense