In Century Surety Co. v. Seidel, the United States Court of Appeals for the Fifth Circuit examined a demand for coverage under a commercial general liability policy for an incident arising from the sexual assault of a minor by the owner of the insured restaurant. The minor was in the restaurant for a job interview… Read More

In Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., the California Supreme Court answered a question certified by the United States Court of Appeals for the Ninth Circuit regarding the availability of coverage under a commercial general liability policy for a lawsuit alleging the negligent hiring, retention, and supervision of an employee who… Read More

In Nadkos, Inc. v. Preferred Contractors Ins. Co., the Appellate Division, First Department, of the New York Supreme Court examined a liability insurance claim for defense and indemnification of an action brought against a subcontractor, as well as a general contractor. The policyholder was insured by a risk retention group domiciled in Montana. The lawsuit… Read More

In Mt. Hawley Ins. Co. v. Tactic Security Enforcement et al., the United States District Court for the Middle District of Florida examined a claim for the defense and indemnification of two lawsuits against the policyholder security company, alleging inadequate security with regard to shooting incidents at a facility where the policyholder provided services. The… Read More

In D.G. v. B.E.A., the New Jersey Superior Court, Appellate Division addressed a demand for a homeowners’ liability insurer to provide defense and indemnification of a lawsuit raising allegations of domestic violence. The insurer denied coverage on the grounds that the lawsuit did not raise allegations of an “occurrence” as required by the policy, and… Read More

In Northfield Ins. Co. v. Mt. Hawley Ins. Co., the New Jersey Superior Court, Appellate Division, examined a declaratory judgment action brought by a property owner’s insurer against a contractor’s liability insurer. The case arose from a roof installation performed by the contractor and a subcontractor at a hotel in the summer of 2012. Shortly… Read More

In KeySpan Gas East Corp. v. Munich Reinsurance Am., Inc., the New York Court of Appeals examined an action against a liability insurer for indemnification of long-tail environmental damage. The plaintiff power company owned two manufactured gas plants that began operations in the late 1880s and early 1900s, and had remained in operation for several… Read More

The Colorado Supreme Court held that a liability insurer has no obligation to indemnify a policyholder for a settlement made without the insurer’s consent and in violation of the policy’s “no voluntary payments” clause. In so doing, the Court rejected the argument that this clause is only enforceable if its violation resulted in prejudice to… Read More

In an unpublished opinion, the Appellate Division of the New Jersey Superior Court found in favor a commercial tenant and against the landlord in an action that focused on the interpretation of the lease between the two parties to determine which party was responsible for maintenance and insurance of the common area sidewalk. In Senatore… Read More