To “Render” Professional Services Means To Anyone, Not Necessarily a Third Party
Facts In Sioux Steel Co. v. Insurance Company of the State of Pa., No. 24-1121 (8th Cir. 2/6/2025), insured Sioux Steel, a designer and manufacturer of commercial grain storage systems, launched a new line of hopper bins. The design was initially prepared by a Sioux Steel employee, a licensed professional
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 MAC abandoned the project prior to completion, the owner sued MAC for breach of contract seeking damages in part for damage to the project. MAC’s
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 part of a contractor controlled insurance program (“CCIP”), Kaufman procured a wrap CGL policy from Liberty insuring Kaufman and its subcontractors. The project included demolition
“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 an “occurrence.” Ladd v. Arbella Protection Ins. Co., No. 23-P-1427, 105 Mass. App. Ct. 1116 (Mass. Ct. App. 2/25/2025). The opinion is unpublished which means
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 a mobile home park, a commercial general liability insurance policy that included a habitability exclusion that, after describing the excluded conduct—generally conduct related to the
“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 was shot on MLK’s premises. MLK’s CGL insurer AIX Specialty defended MLK Liquors and filed a separate suit seeking a declaratory judgment of no duty
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 sued for bodily injury allegedly occurring when a user of the trampoline fell off the trampoline and struck the top of a retaining wall surrounding
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 by the estate of a juvenile, a resident of one of the facilities, who died as a result of being physically restrained by several employees.
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 work performed by subcontractors. After completion, the Thomas’s sued Mathews alleging a cracked foundation resulted in property damage throughout the home. Mathews’ CGL insurer Accident
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, and his wife Xin, the spa manager, were sued by three customers alleging that Shen sexually assaulted and molested them during massage sessions. Shen and