CGL policy News

N.Y. Court Takes Contrary Position on Insurers’ Right to Recoup Defense Costs

It has long been understood that under New York law, an insurance company may recoup defense costs paid on behalf of an insured once it has been ultimately determined that there was no coverage in connection with the underlying action, …

Mass. Court Finds Insurer Duty to Defend Subcontractor in Property Damage Case

A Massachusetts Appeals Court has ruled that an insurance company is responsible for insuring alleged property damage caused by its subcontractor client, vacating an earlier Superior Court decision that the insurer has no duty to defend the subcontractor in this …

Massachusetts Court Reverses Ruling in Rotten Seafood Coverage Dispute

The Massachusetts Appeals Court has reversed a lower court’s ruling in a case examining whether damage to scallops at a seafood processing facility, when the cause of damage is unknown, constitutes an occurrence within a commercial general liability (CGL) policy. …

Ohio Supreme Court Says Ambiguity Determination Must Consider Context

The general rule holds that when a policy provision is susceptible to more than one interpretation courts should construe the ambiguity against the insurer and liberally in favor of the insured. This principle is often asserted by policyholders seeking coverage …

Attorneys Discuss Liability Insurance Coverage for Sandy Litigation

Homeowners, businesses, and municipalities in the tri-state area continue to rebuild and rebound from Superstorm Sandy. Often, large-scale devastation and destruction are followed by lawsuits against individuals and entities allegedly responsible for protecting, managing, and maintaining the damaged buildings. A …

Understanding Premises and Dram Shop Liability Triggers

Claims involving allegations of alcohol intoxication require careful analysis when determining what policy or policies may apply. Two common theories centered on alcohol-related allegations that come into play include premises liability and dram shop liability, according to John P. Cunningham …

Va. Supreme Court: Insurer Not Liable For Claims From Global Warming

The Virginia Supreme Court has ruled in favor of an insurance company in a closely watched legal case involving global warming. The high court ruled that Steadfast Insurance Co., which provided commercial general liability (CGL) coverage for energy company AES …