In a Chinese drywall case, a Colorado state court (applying Massachusetts law) found that “pollutant” in an absolute pollution exclusion is ambiguous absent more facts.
CGL insurers asserted that the absolute pollution exclusion in the policy issued to a Chinese drywall supplier barred coverage because the underlying claims alleged the release of pollutants. Applying Massachusetts law, the court denied summary... Read More
The 9th Circuit Court of Appeals held that a policyholder who received a US EPA request for information and general PRP notice letter was entitled to a defense.
In a case involving environmental contamination at the Portland Harbor, the 9th Circuit Court of Appeals reaffirmed an earlier ruling that an information request and a general Potentially Responsible Party (“PRP”) notice... Read More
In a Hurricane Katrina-related case, the federal 7th Circuit held that the fact the insured sold the property before the building was repaired without an assignment did not defeat coverage.
The Seventh Circuit Court of Appeals found that an owner of an apartment building damaged in Hurricane Katrina had standing to sue, despite having sold the property before the repairs... Read More
In Wisconsin, a policyholder can access policies with a defense-in-addition obligation at the same time as indemnity-only policies, effectively prolonging the duration of the defense-only coverage.
In a case concerning 200,000 asbestos suits, a Wisconsin Court of Appeals held that “all sums” language in six excess general liability insurance policies allowed the policyholder to access all six simultaneously. Some of... Read More
Maximize Assets/ Minimize Liability
Successfully confronting a mass tort situation such as asbestos, environmental or other long-tail claims requires that you maximize your insurance assets while simultaneously leveraging them to minimize your liabilities. If these needs are not addressed proactively and comprehensively it can endanger your company’s financial security and distract you from your mission. Best practice is to engage... Read More
5 Ways Hoke LLC Can Help You Secure Asbestos Insurance Coverage
Analyze If You Have a Valid Claim:
We will evaluate the asbestos claims against you to determine if your claims are covered by your historical “occurrence” based insurance policies. Most all asbestos claims are covered by old commercial and comprehensive general liability (“CGL”) policies (primary and excess) from 1950 through... Read More
Late Notice – Insurer Must Be Prejudiced In CO: Late notice does not bar coverage in Colorado, even when a policyholder settles a case in violation of a no settlement clause before giving notice, if the insurer is not prejudiced. (CO, St.)
A Colorado state appeals court holds that even if a policyholder fails to give notice of a construction accident... Read More
D &O / Crime & Fidelity Coverage – Subpoena / Search Warrant Covered: A search warrant and subpoena triggers an insurer’s duty to defend under a Resolute Portfolio for Private Companies Policy (VA. Fed.).
A Virginia Federal Court held that an insurer must provide a defense to a NASA contractor served with a subpoena and search warrant in a fraud investigation despite the... Read More
9/11 Claims Not Barred By Absolute Pollution Exclusion: Claims by clean-up workers at WTC site not barred by an absolute pollution exclusion for various reasons, including allegations that the defendant did not provide adequate work-place protections (NY Fed).
A New York federal court refused to apply the absolute pollution exclusion to bar a defense for lawsuits brought by 9/11 clean-up workers,... Read More
Asbestos – Each Claim An Occurrence / 3 Year Policy = 3 Separate Limits: The decision to sell asbestos-containing products is not a single occurrence under a CGL policy, and a three year policy provides three sets of annual aggregate limits (OH, St.).
An Ohio State Court judge found that the decision to manufacture and sell an asbestos-containing product is not... Read More