Second Department Finds No Coverage Based Upon Policy’s Designated Premises Limitation

305 Union St. Station, Inc., doing business as Kittery Restaurant, operates a restaurant in Brooklyn. Plaintiff, a pedestrian, was injured when she was struck by a bicycle operated by an employee of the restaurant who was on his way back from a food delivery.

With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers must defend those suits. A Delaware trial court considers whether social media addiction complaints, when stripped of

First Department Finds Ambiguity In Exception To Exclusion And Interprets It In Favor Of Coverage

Mount Hawley Insurance Company issued a commercial general liability policy to a contractor that excluded coverage for property damage resulting from the insured’s labor, except for “interior tile” work. The insured contractor was retained to refurbish a bathroom. To level

It was a busy month for courts on insurance issues.

We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The Illinois Supreme Court instructs on the relevance of a permit when assessing whether a pollution exclusion applies.

Southern District Finds Mutual Mistake And Reforms Excess Policy To Avoid Illusory Coverage

The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a primary policy issued by The Travelers

Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the extended reported period reinstated? As a Maryland federal court explains, that depends on the language of the

Southern District Finds Insurer Has Standing To Seek Additional Insured Coverage For Entities It Is Not Defending

A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG Improvements, Inc.,

We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the Marjory Stoneman Douglas High School mass shooting. It then considers whether an employer’s liability exclusion applies when an employee

Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit

Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without Rodriguez’s permission, the restaurant hired a company to change the signage and awning in front of its storefront. A worker was injured when he fell

Courts considered some interesting insurance issues this past month.

The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for interpleader.

The Eleventh Circuit applied the notice-prejudice rule to a claims-made and reported policy but found the insured could not overcome a