WV Sup. Ct. / Pollution
December 19, 2023 | | Insurance Bytes

Continuous Trigger Theory Applies to Long-Tail Claims  The West Virginia Supreme Court, in response to a certified question from the Fourth Circuit, concluded that for “long-tail claims” the continuous trigger theory applies to determine when bodily injury occurs under an occurrence-based CGL policy. The continuous trigger is appropriate because the policy language is ambiguous as to when coverage is triggered... Read More

3rd Cir. / PA Law 
September 20, 2023 | | Insurance Bytes

No Coverage for Faulty Workmanship on Fracking Wells  The Third Circuit, applying Pennsylvania law, held that an insurer did not have to indemnify its insured for its allegedly faulty fracking services. Ultimately, the court determined that the damage the insured caused in conducting its fracking services did not constitute an “occurrence.”  In the underlying suit, U.S. Energy Development Corporation (“U.S. Energy”)... Read More