Christian A. Cavallo, Author at The Insurance & Reinsurance Report

February 4, 2016 Environmental / Policy Conditions, Considerations, Construction, and Formation

No Smoking! Pollution Exclusion Bars Coverage For Claims Arising Out of “Smoky” Beverage

While Florida courts have typically refused to limit pollution exclusions within insurance policies to traditional environmental claims, a District Court in Florida has extended the application of such exclusions even further by finding that a pollution exclusion applies to claims against a bar for injuries allegedly caused by an “exotic” cocktail served by the bar.

In Evanston Insurance Company v. Haven South Beach, LLC, et al., Case No. 15-20573 (S.D. Fla. Dec. 28, 2015), the insured, a bar, served an alcoholic drink infused …

January 14, 2016 Policy Conditions, Considerations, Construction, and Formation

Alcohol, Caffeine and Stimulants: Unambiguous Liquor Liability Exclusion Bars Coverage for Bodily Injury Claims

Refusing to succumb to pressure by an insured to find an ambiguity in an exclusion to a commercial general liability (CGL) policy where none existed, the Illinois Appellate Court, First District in Phusion Projects, Inc. v. Selective Ins. Co., 2015 IL App (1st) 150172 (Ill. App. Ct. 1st Dist. 2015) confirmed that plainly written policy exclusions will be enforced.

In Phusion Projects, the manufacturer of an alcoholic beverage containing high levels of alcohol and other stimulants sought coverage from its CGL insurer for …

January 5, 2016 Duty to Defend

Wrongful Debt-Collection is Not Wrongful Repossession; Insured is Not Covered

Parties to an insurance contract beware; a Missouri Court of Appeal’s analysis to determine the presence of an ambiguity in an insurance contract is more complex than meets the eye. In, Wolfe Automotive Group, LLC v. Universal Underwriters Insurance Company, the Eighth Circuit Court of Appeals affirmed the District Court for the Western District of Missouri’s decision denying that an insurer had a duty to defend its insured. The insured was a used-car dealership that had an umbrella policy that provided indemnity and defense …

December 23, 2015 Uncategorized

Where Throwing in the Kitchen Sink Doesn’t Help — Orient Overseas Assocs. v. XL Ins. Am., Inc.

In its recent decision, the Appellate Division (1^st Dept.) of the New York Supreme Court may have provided insurers with another basis to dismiss arguably duplicative claims arising from Super Storm Sandy. In Orient Overseas Associates v. XL Insurance America, Inc., the Appellate Division considered whether, in a case in which a breach of contract claim was already plead against an insurer based on its alleged failure to pay for damages covered under its policy, this same conduct may provide the basis …

December 16, 2015 Disclaimers and Reservations of Rights / Duty to Defend

Despite Irrebuttable Presumption Of Prejudice, Insurer Who Failed To Timely Disclaim Coverage For Default Judgment Against Its Insured Must Pay

In Montpelier U.S. Insurance Co., v. 240 MT. Hope Realty Co., et al., 2015 WL 6395949 (S.D.N.Y. Oct. 22, 2015), the United States District Court for the Southern District of New York joined the ever-growing list of courts interpreting N.Y. Insurance Law §3420(d)(2) to hold insurers who issue or deliver policies in New York strictly accountable for failing to timely disclaim coverage for bodily injury claims arising out of accidents occurring within the state.

This concept is by no means a fresh one in …