Malicious Prosecution Trigger is Date of Exoneration Not Filing of Charges An Illinois appellate court, in an opinion written by Justice Pucinski, applied Illinois law and reversed the trial court’s dismissal of the insured’s complaint seeking a declaration of coverage for an underlying suit which alleged malicious prosecution.  According to the appellate court, coverage for the “offense” of malicious prosecution was not triggered until the... Read More

Multiple bridge collapses constitute “Related Claims” under professional liability policy The Fourth Circuit, applying North Carolina law, affirmed summary judgment in favor of an insurer and held that the collapse of two bridges designed by the insured was subject to a policy’s $3 million per claim liability limit because the claims were “related claims” that arose from the same design... Read More

Three-day fire damaging multiple properties was a single occurrence under “Cause Theory” The Wisconsin Supreme Court, applying Wisconsin law, reversed the appellate court’s decision and held that a multi-day fire which damaged multiple properties constituted a single occurrence.  Therefore, the $500,000 per-occurrence limit for property damage applied rather than the $2 million aggregate limit. On May 16, 2013, a fire broke... Read More

All policies from first exposure to lawsuit triggered – no medical trial necessary A New York supreme court, applying New York law, ruled on multiple motions for summary judgment in a coverage dispute and declared, inter alia, as a matter of law that “injury in fact” in an asbestos action occurs from the first date of exposure through death or... Read More

Ambiguity between policy language and declarations page allows for stacking of limits The Illinois appellate court for the Fifth District, in an opinion written by Judge Goldenhersh, applied Illinois law and affirmed summary judgment in favor of an insured holding that despite anti-stacking language in a policy, a declarations page that printed the policy limit more than once could reasonably... Read More

Section 155 sanctions award upheld for insurer’s delay in settling property damage claim The Illinois appellate court for the Second District, in an opinion written by Justice Burke, held that the circuit court did not abuse its discretion in finding an insurer’s delay in settling property damage claims was unreasonable, vexatious, and deserving of sanctions under 215 ILCS 5/155.  The... Read More

Nightclub’s loss of value due to permit cancellation after shooting covered by general liability policy A California appeals court, applying California law, reversed a lower court’s ruling and held that a venue owner’s loss of ability to use the property as a nightclub constituted property damage, not economic loss, and therefore it was covered under the applicable general liability policy. Thee... Read More

Carbon monoxide poisoning coverage not barred by “indoor air” exclusion The Tenth Circuit, applying Oklahoma law, held that a policy exclusion for injuries due to “qualities or characteristics of indoor air” was ambiguous because it was susceptible to multiple reasonable interpretations.  The Tenth Circuit held that the exclusion should be interpreted in favor of coverage, and therefore, the “indoor air”... Read More

Faulty subcontractor work not an “occurrence” triggering insurer’s duty to defend The Supreme Court of Ohio, applying Ohio law, reversed the judgment of the court of appeals and reinstated the judgment of the trial court.  The Supreme Court of Ohio found no duty to defend in a suit brought by a property owner due to faulty work done by a... Read More

Bitcoin constitutes “property” under homeowner’s policy An Ohio trial court, on an issue of first impression under Ohio law, held that Bitcoin is recognized as property under a homeowner’s policy and not money.  Therefore, a homeowner’s claim for stolen Bitcoin was not subject to the sublimit under the policy for money. James Kimmelman submitted a claim to his homeowner insurer, Wayne... Read More