On October 23, 2018, our Global Insurance Services group hosted an interactive webinar discussing states’ varying interpretations of what is considered “loading and unloading” in the context of a liability policy’s “Aircraft, Auto or Watercraft” exclusion. During that presentation, we identified inconsistencies in the courts’ application of this provision when assessing an insurer’s duty to defend, particularly in New York. Ironically, that same day, a New York Appellate Court analyzing the application of a the “Aircraft, Auto or Watercraft” exclusion relied on facts extrinsic to …Continue Reading
One of the ongoing battles in construction defect coverage law around the country is whether a general contractor’s commercial general liability (“CGL”) policy obligates the insurer to defend and indemnify the general contractor in a lawsuit based on faulty work performed—not by the general contractor—but on its behalf by a subcontractor. Yesterday, Ohio joined a small minority of states when its high court ruled that damage from a subcontractor’s faulty work is not an accident triggering an insurer’s defense obligation.
The case dealt with construction …Continue Reading
This past week, a Florida federal court dealt another blow to policyholders seeking coverage for data breach claims under traditional commercial general liability (CGL) policies, finding that coverage was not afforded under a CGL policy for a claim involving a data breach incident that exposed credit card information and resulted in more than $1.4 million in damages. St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., No. 617CV540ORL41GJK, 2018 WL 4732718 (M.D. Fla. Sept. 28, 2018). Given the increasing frequency and magnitude …Continue Reading