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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 ...
CaselawFloridaWordings
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
CaselawDelawareSelf-Insured Retention
Delaware Trial Court Enforces Policy Language Limiting Who Can Satisfy Self-Insured Retention
In Aearo Technologies LLC v. ACE American Insurance Co., C.A. No. N23C-06-255-SKR CCLD (Del. Super. Ct. 7/16/2024)(unpublished), Aearo and its parent company 3M were sued ...
CaselawFloridaSelf-Insured Retention
Florida Self-Insured Retention Satisfaction and Made Whole Doctrine
Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., * So.2d * (Fla. 2014), the issue was whether the insured general contractor could satisfy ...
CaselawOccurrencePennsylvania
Pennsylvania “occurrence”
In Indalex Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 WL 6237312 (Pa. Super. 2013), insured Indalex was sued in multiple underlying ...