Publications

Many policyholders assume that “following form” excess liability coverage will be available, if needed, above the primary policy’s limits. This assumption should never replace the true measure of determining coverage—reading the policy. As the Eleventh Circuit recently held in Starstone National Insurance Co. v. Polynesian Inn, LLC, 2020 WL 3121299 (11th Cir. June 12, 2020, unpub.), […]

An Indiana businessman found out the hard way how far his insurance company was willing to go to avoid paying a claim after it misrepresented the coverage of a crime policy it sold to him. The quote for the policy indicated that it included coverage for losses resulting from computer hacking. Despite this representation, when […]

The COVID-19 pandemic has led to an unprecedented number of event cancellations ranging from travel and tourism, hotel and hospitality, corporate conferences, outdoor festivals, as well as many other events. By far, one of the largest industries impacted by COVID-19 is the hospitality industry. It is the start of the wedding season, and venues have […]

In American States Insurance Company v. Insurance Company of the State of Pennsylvania, No. 18-15770, 2020 WL 70491, the Ninth Circuit issued a decision about the role umbrella insurance policies have when there is a gap in insurance coverage, thereby opening the possibility for equitable contribution claims. In 2007, Sierra Pacific Industries hired subcontractor Howell Forest […]

Contradicting the Missouri Supreme Court and the majority of courts nationally, the 8th Circuit, applying Missouri law, recently ruled, in American Family Mutual Ins. Co. v. Mid-American Grain Distributors LLC, that defective or faulty workmanship is not an “occurrence” within the meaning of a Commercial General Liability (“CGL”) policy.1 Mid-American designed and constructed a grain […]

The cancellation of events producing income, galas and other fundraising events, the furloughing and quarantining of employees and volunteers, and the prospect of possible third-party liability claims have all caused considerable financial strains for many nonprofit entities, in recent weeks, thanks to the COVID-19 crisis. Insurance coverage can help nonprofits weather the storm but getting […]

In a victory for policyholders, the California Supreme Court recently held that an insured faced with a progressive loss only needs to exhaust all directly underlying polices to access excess layers within that policy period. InMontrose Chemical Corp. v. Superior Court of Los Angeles County,1  the court concluded that in a case (1) involving progressive […]

Within a single week in April, Pennsylvania’s appellate courts issued two decisions with favorable rulings for insureds. On April 22, 2020, in a 4-3 opinion, the Pennsylvania Supreme Court ruled that an insurer must defend its insured in connection with an intentional murder-suicide that also resulted in unintentional injuries.1 Erie Insurance Exchange (“Erie”) provided homeowners insurance […]

As the nation responded to the COVID-19 pandemic, bars and restaurants across the nation were shut down by local or state edict with no known re-opening date in sight. Other restaurants scaled way back to skeletal crews, providing take-out orders only. However, restaurants were not the only businesses that shuttered operations. As more and more […]

Published in the Spring 2020 issue of NASBP Surety Bond Quarterly Richard W. Brown, Michael V. Pepe and Janie Reilly Eddy were recently featured in the National Association of Surety Bond Producers magazine, with their article New Additional Insured Endorsement Forms Will Impact Contractors, Project Owners, Lessees. Click below to read more as this article addresses new ISO issued Additional Insured […]

This article was published by the International Franchise Association (IFA) on April, 29, 2020. Click here to visit their website. Most franchise systems are facing severe financial impacts as a result of the continued spread of COVID-19 and the numerous government-mandated shutdowns that have been ordered by state and local officials in response. Even if your franchised […]

COVID-19 has impacted businesses large and small across the country. Some companies predict that their services or products will be in higher demand, and anticipate marked financial success in the coming months, while others brace for collapse. Either scenario creates a potential liability: the risk of misrepresentation or improper disclosure to investors about the company’s […]