August 5, 2016

New Jersey Answers Critical Question Regarding Coverage For Faulty Workmanship

In a long awaited decision, the New Jersey Supreme Court has unanimously held that consequential property damage caused by a subcontractor’s faulty workmanship is a covered “occurrence” under a standard […]
June 16, 2016

When is Defective Workmanship an Occurrence Under a Standard CGL Policy?

The Iowa Supreme Court recently answered that question by holding that defective workmanship by an insured’s subcontractor may constitute an occurrence under a standard-form CGL policy. In National Surety Corp. […]
April 13, 2016

Fourth Circuit Finds Coverage for Data Breach Class Action in CGL Policy

On April 11, 2016, the Fourth Circuit Court of Appeals held, in an unpublished opinion, that The Travelers Indemnity Company of America was required to provide a defense for its […]
February 18, 2016

Third Circuit Affirms: Duty to Defend an Additional Insured in a Bodily Injury Action Brought by the Named Insured’s Employee

Yesterday, the Third Circuit published a precedential opinion holding that Westfield Insurance Company must provide a defense to its additional insured in a personal injury lawsuit brought by the employee […]
February 16, 2016

NJ High Court Rules No Prejudice Needed to Enforce Late Notice Provision of Claims-Made Policy

In a victory for insurers, the New Jersey Supreme Court ruled that an insurer can deny coverage under a claims-made policy for the failure to provide timely notice without proving […]
February 10, 2016

Federal Court Rescinds Policy, Holding Insurer Not Obligated to Investigate Insured’s Reported Loss History

In a reminder to policyholders to directly disclose all material loss information in their insurance submissions, the United States District Court for the Western District of Pennsylvania recently held that […]
November 25, 2015

Judge Certifies Target Data Breach Class

September 2015. Feel free to direct questions or comments to Nace Naumoski. On September 15, 2015, Judge Paul A. Magnuson of the United States District Court for the District of […]
November 25, 2015

New York Appellate Court Rules Named Insured Does Not Need to be at Fault to Trigger Additional Insured Endorsement

August 2015. Feel free to direct questions or comments to Bryan W. Petrilla. The New York Appellate Division has continued its expansive interpretation of the standard additional insured endorsement, ruling […]
November 25, 2015

The Pennsylvania High Court Approves Insured’s Settlement Absent Its Defending Insurer’s Consent

July 2015. Feel free to direct questions or comments to Nancy Stuart Portney. Eviscerating the consent-to-settle and cooperation provisions typically found in liability policies, the Pennsylvania Supreme Court, in a […]
November 25, 2015

Seventh Circuit Finds Article III Standing in Neiman Marcus Data Breach

On July 20, 2015, the United States Court of Appeals for the Seventh Circuit held that customers of Neiman Marcus whose payment card information was exposed in a 2013 hack […]
November 25, 2015

Western District of Pennsylvania Rules That Non-Party Insurer May Not Intervene to Assist With Drafting Verdict Slip

July 2015. Feel free to direct questions or comments to Greg Delfiner. A non-party insurer desiring to have input in crafting jury verdict interrogatories in an effort to aid in the […]
October 28, 2015

CLIMATE CHANGE ‘Shuffles Off to Buffalo’?

December 2014. Feel free to direct questions or comments to Bill Stewart. One of the principal challenges facing Property and Casualty Insurers today is effectively evaluating the risk of climate […]
October 28, 2015

Pennsylvania Supreme Court Allows Assignment of Statutory Bad Faith Claims

December 2014. Feel free to direct questions or comments to Bryan W. Petrilla. Last week, the Pennsylvania Supreme Court held in Allstate v. Wolfe that an insured may assign its […]
October 28, 2015

Pennsylvania Court Refuses to Recognize a Civil Cause of Action for Data Breach Claims

June 2015. Feel free to direct questions or comments to Patrick Healey. Judge R. Stanton Wettick, Jr. of the Allegheny County Court of Common Pleas recently ruled that Pennsylvania does […]
October 28, 2015

Fourth Circuit: Standard AI Endorsement “Plainly Lacks” Vicarious Liability Limitation

The Fourth Circuit has overturned an insurer’s summary judgment victory regarding the scope of the standard additional insured endorsement, which is frequently the focus of coverage disputes arising from construction […]