Top developments in assault and battery exclusion, climate change, contamination exclusion, no broker, duty to defend, intentional acts, no “occurrence”, and more.
Top Developments – September 2022
Top Developments in Damages, Limits of Liability, Anti-Assignment Clause, Occurrence and Service of Process
A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage
By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating results and management compensation. Environmental concerns may involve carbon footprints, greenhouse gas emissions, deforestation, biodiversity, climate change and pollution…
Pennsylvania Federal Court Finds No Coverage for Hacking Claim Under E&O Policy
By: Celestine Montague and Paul A. Briganti On June 9, 2022, the U.S. District Court for the Eastern District of Pennsylvania held, o summary judgment, that an insured was not entitled to coverage under a Professional Errors and Omissions (E&O) policy for loss allegedly resulting from a hacking incident. See Construction Fin. Admin. Servs., Inc.…
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”
By: Eric B. Hermanson and Austin D. Moody In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized] as ……
Delaware District Court Holds D&O Policy Does Not Cover Acts Prior to Insured’s Formation, and Rejects Attempt To Obtain Coverage for Post-Policy Claim by Linking It to a Non-Covered Claim
By: Celestine Montague and Frank J. Perch, III In a decision addressing several coverage issues under a directors and officers liability policy, a Delaware federal court held that coverage did not extend to claims based on acts alleged to have taken place before the insured entity’s formation, and that coverage for a claim first made…