Top Developments in Attorney’s Fees – Declaratory Judgment Action, Bad Faith, Construction Defect, Independent Counsel and Pollution Exclusion
Recent Posts
Complex Insurance Coverage Reporter – February 2018
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel and Top Developments
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it is later determined that they owed no duty to defend an underlying claim.
Ohio Court Of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims
Applying Ohio law, the court concluded that Pacific Employers had no duty to defend GrafTech or pay defense costs in connection with claims by dozens of workers at Alcoa smelting plants. . .
Complex Insurance Coverage Reporter – December 2017
Coverage For Defense Costs Under Excess Policies – Missouri Court Surveys the Landscape
and Top Developments
Top Developments – December 2017
Top Developments in Construction Defect, Defense Cost Reimbursement, Exhaustion, New York Insurance Law Section 3420, Number of Occurrences, Pollution Exclusion, Reinsurance, and Trigger of Coverage
New York Court of Appeals Disavows the “Bellefonte Rule”
The New York Court of Appeals issued its ruling in the closely-watched Global v. Century case. . .
Florida Supreme Court: Chapter 558 Construction Defect Notice May Give Rise to Duty to Defend
On December 14, 2017, the Florida Supreme Court held in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, No. SC16-1420 that a CGL insurer may have a duty to defend its insured/general contractor. . .
Ninth Circuit to Address Application of Pollution Exclusion to Indoor Carbon Monoxide Exposure Claim under Oregon Law
The Ninth Circuit is set to decide whether carbon monoxide falls within the absolute pollution exclusion of a general liability insurance policy.
Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case
This post identifies the issues the Connecticut Supreme Court will decide on appeal and sets forth the Appellate Court’s ruling on each issue.