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…
All posts by thecicr
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…
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…
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.
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…
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…