Traub Lieberman | January 9, 2018 In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider whether an insured’s land restoration activities constituted an “occurrence” for the purpose of… Continue reading California Court Holds Insured’s Activities Not an Occurrence
Tag: Commercial General Liability Policy
Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
Katharine E. Kohm | The Dispute Resolver | December 23, 2017 Recently, the 11th Circuit was presented with an appeal concerning a commercial general liability (“CGL”) insurer’s duty to defend a general contractor. At issue was whether statutory-required notice from an owner to the general was a “suit” under the policy triggering the defense duty. The 11th posed this certified… Continue reading Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
Can You Settle Your Third-Party Claim While in Coverage Purgatory?
P. Wesley Lambert | Brouse McDowell | November 13, 2017 Most commercial general liability (CGL) policies grant control over the defense and settlement of third party claims to the insurer. Thus, the right to settle, or not settle, a third-party claim against the policyholder resides with the insurer. However, when an insurance company breaches its… Continue reading Can You Settle Your Third-Party Claim While in Coverage Purgatory?