The New Jersey Appeals Court recently addressed the interplay of a mold exclusion in a homeowners insurance policy with a Mold Endorsement that allowed limited coverage for mold damage caused by “fortuitous direct physical damage or destruction.” In Kavesh v. Franklin Mutual Insurance, the Court examined the language of the mold exclusion of the policy,… Read More

In Drysten v. Chiesa and USAA, the Appellate Division of the New Jersey Superior Court found that the insurer was immune from suit under the New Jersey statute governing immunity for insurers based on the insured’s election of motor vehicle coverages. While the insured attempted to gain additional benefits by having the policy reformed post-accident,… Read More

The Pennsylvania Supreme Court recently addressed the interpretation of an employer’s liability exclusion in a commercial general liability policy to determine its scope in excluding coverage when the policy applies to more than one insured. In Mutual Benefit Insurance Company v. Politsopoulos, the Court determined that the term “the insured” does not signify “all insureds”… Read More

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