Most commercial general liability policies issued to bars and restaurants specifically exclude coverage for bodily injury arising out of an assault and battery. In order to avoid this limitation, Plaintiffs often try to trigger coverage by alleging that the insured’s negligence was the cause of the injury—not the actual assault and battery. This strategy may… Read More

In Locklear v. Sun Life Assurance Company of Canada, the United States District Court for the Middle District of Pennsylvania held that an insurer could not use alleged vehicle code violations to trigger the “criminal act” exclusion of an accidental death policy. The insurer denied benefits to the widow of a man who was killed… Read More

Slip and falls on sidewalks in front of leased premises often raise questions of who’s responsible, landlord or tenant, and whose carrier should respond in damages. In Leading Ins. Group Ins. Co., Ltd. v. Argonaut Great Cent. Ins. Co., 2015 NY Slip Op 50574 (April 22, 2015), the Supreme Court of New York for Westchester… Read More