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

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