Commercial General Liability Policy Archives - The Insurance & Reinsurance Report

March 18, 2020 Commercial General Liability / Duty to Defend

Eleventh Circuit Upholds Florida’s Strict Interpretation of Eight Corners Rule in Stabbing Case

In Mt. Hawley Ins. Co. v. Roebuck, the liability insurer for the owners of a Florida outdoor shopping mall sought to avoid coverage in connection with a stabbing that occurred at the mall based on the insureds’ failure to comply with conditions precedent to coverage. The Eleventh Circuit, however, in agreement with the district court, found that because the facts extrinsic to complaint that were necessary to establish the conditions’ application were in dispute, the insurer owed a duty to defend.

Mt. Hawley …

October 29, 2019 General / Uncategorized

Federal Court Crusades for Serial Comma, Holds No Coverage for Inflatable Beach Ball

When a festival-goer is injured by a flying beach ball, does a general liability insurer have to pay for any ensuing loss? Is the serial comma (sometimes referred to as the Oxford comma) dead? Both questions were addressed by a Florida federal court when deciding who was responsible to pay for a party foul.

In May 2018, Robert Hunt brought a lawsuit seeking compensation for injuries he sustained while attending a festival called Rum Fest 2017. During the event, while a crowd listened to …

October 1, 2019 CCPA

Part 3: Coverage Considerations Under CGL Policies for CCPA Violations

This blog post is our third in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA).

Imagine this: You own a successful string of sporting goods stores across California. Not only do you sell goods directly, but you also finance large purchases to well-qualified buyers and have a generous rewards program.

When customers log in to your website, you gather personal information (e.g., name, email address, cell number, etc.). In order to participate in the rewards …

September 10, 2019 Commercial General Liability

No Defense Owed to Insured for Mediation Involving Environmental Contamination

The Illinois Appellate Court recently held that the term “suit” in a commercial general liability policy does not include a pre-suit mediation between the insured and others over the allocation of costs incurred to remediate environmental contamination. As a result, the court ruled that the insurers had no obligation to reimburse the insured for its legal fees incurred in the mediation.[1]

The insured operated a manufacturing facility on a property that was eventually declared a Superfund site by the U.S. EPA. To avoid litigation …

September 11, 2018 Commercial General Liability

New York Court Finds Insured Failed to Establish its Broad Discovery Demands Might Lead to Evidence Relevant to the Application of an Exclusionary Provision in Commercial General Liability Policy

In Northfield Insurance Company v. Golob, an insurer issued a commercial general liability policy to owners of a residential construction project. The policy contained an exclusion titled “Contracted Persons” exclusion, which barred coverage for bodily injury sustained by any person “employed by . . . any organization that . . . [c]ontracted with [the named insured] or with any insured for services” where the injuries “[arose] out of and in the course of employment by that organization.”

As a part of the construction project, …