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 ……
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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…
Next, Please: The Fast Food Industry is Hit With the Latest PFAS Suit
By: Gregory S. Capps Over the last couple of years we have seen various industries impacted by litigation involving the newest emerging contaminant, per- and polyfluoroalkyl substances (PFAS). Suits have been brought against manufacturers of firefighting foam, shoe manufacturers, carpet manufacturers, and cosmetics manufacturers, among others. In the first suit involving the fast food industry,…
New York Appellate Court Restores Insurer’s Right to Seek Pro Rata Allocation of Settlements Between Insured and Uninsured Periods
If you have questions or would like additional information, please contact Patti Santelle or Frank Perch.
Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context
A business court in Massachusetts has weighed in on two key issues affecting allocation of insurance coverage for long-tail liabilities in the state.
Fifth Circuit — Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’
If you have questions or would like further information, please contact Anthony L. Miscioscia or Marianne Bradley.