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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Caselaw
Electronic Data Exclusion Applied
In Home Depot, Inc. v. Steadfast Insurance Co., No. 23-3720 (6th Cir. 1/13/2025), insured Home Depot suffered a data breach when hackers accessed its computer system ...
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Caselaw
Eleventh Circuit Says Consent Judgment Not Enforceable Against Insurer Which Did Not Refuse to Defend Insured
In Davis v. Great Northern Insurance Co., No. 23-10137 (11th Cir. 6/3/2024), insured apartment building property management company Akam was sued by a tenant alleging Akam’s ...
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Caselaw
Ohio Supreme Court Says Amounts Insured Ordered to Pay to California Lead-Based Paint Abatement Fund do not Constitute “Damages” Payable by Liability Policies
In Sherwin-Williams Co. v. Certain Underwriters at Lloyd’s London, No. 2023-0255 (Ohio 12/10/2024), insured paint company Sherwin-Williams was sued by California governmental entities for public ...
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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 Ct. 7/16/2024)(unpublished), Aearo and its parent company 3M were sued ...
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Caselaw
Ninth Circuit Says Amber Heard not Entitled to Independent Counsel in Johnny Depp Defamation Action
In 2018, the Washington Post published an opinion editorial by actress Amber Heard in which she claimed her ex-husband Johnny Depp had domestically abused her. ...
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Caselaw
Absent Damage to Other Property, Defective Construction Not “Property Damage” in Massachusetts.
In Lessard v. R.C. Havens & Sons, Inc., No. 23-P-346 (Mass. Ct. App. 8/14/2024), insured general contractor Havens was sued by homeowner Lessard for damages ...
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Caselaw
Fifth Circuit on What Constitutes Defective Workmanship “Property Damage” Under Texas Law
In TIG Insurance Co. v. Woodsboro Farmers Cooperative, No. 23-40435 (5th Cir. 9/20/2024), Woodsboro hired Erwin to construct grain silos. Erwin in turn subcontracted with AJ ...
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Caselaw
Federal Trial Court Finds Sexual Misconduct Exclusion Does Not Apply to Sexual Assault and Rape of an Adult Committed by a Third Party
In Powers v. Certain Underwriters at Lloyd’s London, Case No.: 2:23-cv-01472-GMN-EJY (D. Nev. 8/26/2024), plaintiff Powers sued her apartment complex and its security company APG ...
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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 ...
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