CaselawDuty to defendFlorida
In Determining Duty to Defend in Florida, Uncertain Law on a Coverage Issue Will be Resolved in Favor of the Insured
Facts In Southern-Owners Insurance Co. v. MAC Contractors of Florida, LLC, No. 23-11366 (11th Cir. 4/11/2024), MAC was the general contractor for a home. After ...
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CaselawFloridaUncategorizedWordings
Application is Part of Policy in Florida and Can Resolve “Possible” Ambiguities
Facts In Liberty Surplus Lines Insurance Corp. v. Kaufman Lynn Construction, Inc., No. 23-12715 (11th Cir. 3/5/2025), Kaufman was the general contractor for a corporate campus. As ...
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CaselawMassachusettsOccurrence
“Occurrence” In Massachusetts Requires Damage to Other Property
Because the underlying complaint did not allege that the insured’s faulty workmanship did not damage anything other than the insured’s work, it did not allege ...
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CaliforniaCaselawDuty to defendExclusionsWordings
Exclusion “Catch-All” Provision Enforced
Facts In Nautilus Insurance Co. v. Acacia Mobile Home Park LLC, No. 23-CV-2072 JLS (SBC) (S.D. Cal. 11/7/2024), Nautilus issued to Acacia, an owner of ...
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CaselawExclusionsFirearm and WeaponFloridaWordings
“Firearms” Exclusion Does Not Apply to One Firearm
Facts In AIX Specialty Insurance Co. v. Everettt, No. 8:19-cv-2533-CEH-AAS, (M.D. Fla. 6/16/2021), affirmed No. 21-12386 (11th Cir. 3/30/2022), Everett sued MLK Liquors alleging she ...
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AlabamaCaselaw
Application is Part of the Policy in Alabama
Facts: In Snell v. United Specialty Insurance Co., No. 22-12581 (11th Cir. 5/28/2024), landscaper Snell was hired by a homeowner to install an in-ground trampoline. Snell was ...
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CaselawKentuckyProfessional Services
Physical Restraint Technique Constitutes a Professional Service
Facts In Scottsdale Insurance Co. v. Seven County Services, Inc., No. 3:23-cv-357-DJH-CHL, (W.D. Ky. 8/13/2025), insured Seven County, which managed juvenile residential facilities, was sued ...
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AlabamaCaselawSubcontractor WarrantySubcontractor Warranty Exclusion
Subcontractor Warranty Exclusion
In Accident Insurance Co., Inc. v. Mathews Development Company, LLC, No. 24-10726 (11th Cir. 3/18/2025), insured Mathews constructed a home for the Thomas’s, with all ...
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Abuse or MolestationCaliforniaCaselawExclusions
California Court Holds That Massage Therapist’s Customer Was Under Therapist’s “Care, Custody or Control” For Purposes of Abuse or Molestation Exclusion
Facts In Gordon v. Continental Casualty Co., No. B329455 (Cal. Ct. App. 2nd Dist. 12/3/2024), insured Shen, the owner and operator of a massage spa, ...
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Caselaw
A Firearm Is Not Always “Sporting Equipment”
A Delaware trial court has held that the undefined term “sporting equipment” in an exclusion is ambiguous as applied to firearms such that a firearm ...
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