Top Developments – December 2022

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…

A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage

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

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”

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 ……