Commercial Lines
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Concurrent Causation Falls Short to Assault-and-Battery Exclusion
September 04, 2023 | Historical Lit Watch
A CGL policy's assault and battery exclusion applied despite the arguments in favor of the concurrent causation rule.
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Insurer Ordered to Pay Policyholder for 15-Month Restoration Period
August 14, 2023 | Historical Lit Watch
In a July 28 opinion, U.S. District Judge Deborah K. Chasanow of the District of Maryland partially sided with plaintiffs, establishments that consisted of a hotel, restaurants, entertainment venues, and also as a wedding venue, and the plaintiffs were insured with a commercial property insurance policy issued by State Automobile Mutual Insurance Co.
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Bad Faith on the Horizon for Florida Insurer
July 17, 2023 | Historical Lit Watch
An insurer allegedly refused to pay a 2017 hurricane damage claim submitted by a Miami Lakes condo association. That move, which already has a multi-million dollar price tag, may lead to further exposure.
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The Titan Submersible and Potential Litigation
July 02, 2023 | Historical Lit Watch
The implosion of a commercial submersible raises questions of liability, the role of assumption of risk, and operational negligence.
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Lawyers Seal $1.2M Jury Verdict for Client Injured in Bus Collision
May 08, 2023 | Historical Lit Watch
The attorneys for an Atlanta woman injured in a low-impact collision with a city bus employed an unusual tactic in obtaining a $1.2 million jury award for their client.
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Defense Not Precluded by Tree-Cutting Violation
March 06, 2023 | Historical Lit Watch
Can an intentional act be considered an accident in certain circumstances?
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Court Finds Duty to Defend in Ambiguous Definition
February 27, 2023 | Historical Lit Watch
While an ordinary insured would easily understand that oil leaking into the ground was a pollutant, the line was murkier when considering home heating oil leaking into a home.
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Quest Pharmaceuticals Not Owed Indemnity, Defense by Insurers
February 13, 2023 | Historical Lit Watch
The debate before the Sixth Circuit rested on a single difference in opinion: were the damages sought in the opioid suits against Quest "because of bodily injury" under the policies from Motorists and Westfield?
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Total Pollution Exclusion Makes Clean Victory in Fifth Circuit
December 05, 2022 | Historical Lit Watch
Liberty Mutual successfully argued the application of a total pollution exclusion to a claim by Central Crude, Inc. for costs related to environmental remediation and litigation defense for a January 2007 oil spill in Paradis, Louisiana.
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Autopilot Isn't Really a Pilot, Claims Tesla Class-Action Suit
October 17, 2022 | Historical Lit Watch
A class-action suit against Tesla has emerged concerning potentially false claims made about the Autopilot feature of Tesla vehicles.