CONTRIBUTION Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation scheme, “targeted” insurers may seek indemnity contribution from a policy reinsured by a captive insurer. The court rejected the insured’s argument that allowing contribution from…
New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims
On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not recognize a cause of action for recovery of medical monitoring costs by plaintiffs who allege they were exposed to a toxic substance. See Brown v. Saint-Gobain…
Fourth Circuit Holds That Cooperation Clause Does Not Apply to Insured’s Conduct in Negotiating Bankruptcy Plan
In Hanson Permanente Cement, Inc. v. Kaiser Gypsum Co. (In re Kaiser Gypsum Co.), ____ F. 4th ____, 2023 U.S. App. LEXIS 3482 (4th Cir. Feb. 14, 2023), the Fourth Circuit ruled that an insured’s obligations under a typical cooperation clause in a general liability policy only required the insured to assist and cooperate with…
Top Developments – December 2022
ALLOCATION Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (N.C. Dec. 16, 2022) North Carolina Supreme Court, in a divided decision, applies an “exposure trigger” and pro-rata allocation to benzene-related bodily injury claims against a product manufacturer under liability policies. Based largely on judicial notice taken by the trial court, the majority…
Top Developments – November 2022
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