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 does not always constitute “sporting equipment.” In Noble Eagle Sales, LLC v. Mesa Underwriters Specialty Insurance Co., C.A. No. K22C-03-022 RLG (Del. Super. Ct. 6/4/2024),
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 and stole customer payment card information collected from its self-checkout terminals. Financial institutions which had issued the payment cards sued Home Depot seeking damages incurred
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 negligence maintenance of a drainpipe caused mold inside her apartment resulting in bodily injury. Akam was a named insured under liability policies issued by AmTrust
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 nuisance arising out of Sherwin-Williams’ lead-based paint used in buildings throughout California. The suit resulted in a judgment against Sherwin-Williams ordering it to pay over
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 Ct. 7/16/2024)(unpublished), Aearo and its parent company 3M were sued by numerous plaintiffs alleging hearing-related injuries resulting from Aearo’s earplugs. Aearo and 3M ultimately resolved the underlying lawsuits for more than $6B and incurred “hundreds
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. Depp responded by suing Heard for defamation in Virginia. Heard retained a Virginia law firm to defend her. She tendered the suit to her liability
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 because of alleged constructions defects discovered prior to completion of the home. A judgment was entered against Havens for the costs to repair or replace
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 Constructors to construct the silos. The silos come as prefabricated kits assembled on site. After completion Woodsboro noticed defects that caused the silos to leak.
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 after she was sexually assaulted and raped by a third party while walking to her apartment. APG tendered the suit to its professional liability insurer
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 the SIR in its CGL policy with funds it received from the insurer of a subcontractor in settlement of the general contractor’s contractual indemnity claim