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…

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,…