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