AIG liable to CNA for contribution despite fact policyholder Valspar would be reimbursing AIG for its liability. The U.S. Court of Appeals for the Eighth Circuit, applying Minnesota law, found that National Union Fire Insurance Co. of Pittsburgh, P.A.  (AIG) owed Valspar Corporation a defense duty for alleged injuries to former individuals exposed to Valspar’s paint products that contained benzene. ... Read More

Refuses to dismiss data breach claims despite fact policyholders were provided it in a separate document. An Illinois Federal District Court, applying Illinois law, denied Combined Insurance Company of America’s (“Combined Insurance”) Motion to Dismiss a Dillard’s employee’s proposed class action and breach of contract claim.  The court held that the plaintiff had sufficiently plead its claim and that it... Read More

NY Federal Magistrate finds that traditional method of brokers circulating U.S. attorney reports did not maintain their confidentiality. A Federal New York District Court Chief Magistrate Judge for the Eastern District, Judge Roanne L. Mann, applying “federal common law,” granted Amtrak’s motion to compel discovery against Certain London Insurers, thus forcing the London Insurers to produce broker communications that had... Read More

No Late Notice Prejudice Required for Claims-Made Coverage Involving “Sophisticated” Insured: Court bases different prejudice rule on fundamental differences between claims-made and “occurrence” policies. The New Jersey Supreme Court, applying New Jersey law, held that National Union was not required to prove prejudice due to delayed notice prior to denying coverage under its claims-made policy.  Templo Fuente De Vida Corp.... Read More

Divided Wisconsin Supreme Court finds use of defective ingredient requiring destruction of health supplement not Property Damage. The Wisconsin Supreme Court, in a ruling 3-2 ruling, found that Nebraska Cultures of California, Inc. (“Nebraska Cultures”) and Jeneil Biotech, Inc. (“Jeneil”) were not entitled to a defense or indemnity from their respective insurers, Evanston Insurance Co. (“Evanston”) and The Netherlands Insurance... Read More