Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.

Adam K. Hollander adn Haley A. Hinton | Barnes & Thornburg In Harleysville Preferred Ins. Co. v. Dude Products, Inc., the U.S. District Court for the Northern District of Illinois considered whether a general liability insurer had a duty to defend a putative consumer class action in which there were no specific causes of action for property damage.… Continue reading Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.

Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Tred R. Eyerly | Insurance Law Hawaii     The court found that the insurer continued to be bound by a defense agreement entered with  the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023).      In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Tomorrow’s Supply Chain – Insurance Coverage for Supply Chain Disruptions Caused by Labor Issues

Adrienne N. Kitchen | Reed Smith Labor shortages on the West Coast are causing supply chain disruptions and affected businesses may be seeking insurance coverage – the question is, is it covered? Today, many businesses rely on overseas material and labor, making supply chain risk one of the six biggest risks businesses face today. Any disruption… Continue reading Tomorrow’s Supply Chain – Insurance Coverage for Supply Chain Disruptions Caused by Labor Issues

A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects

Laurie Hager | Snell & Wilmer In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims. As background, the Twiggs hired… Continue reading A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

John Mark Goodman | BuildSmart Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2, 2023)). The project failed after the developer defaulted on its loans and several contractors filed liens on the property. Litigation ensued. … Continue reading The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees