Insurance Update

Here is what you will find in our August Insurance Update:

• Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms
• Fifth Circuit Finds Insurer Has Duty to Defend Insured for a Data Breach Litigation Under Policy’s Personal and Advertising Coverage
• Warranty Exclusion Bars D&O Liability Coverage for Claim Involving Ponzi Scheme, Ohio Appellate Court Holds
• Delaware Court Finds No Coverage Under D&O Policies for Shareholder’s Post-Merger Appraisal Action
• Connecticut Appeals Court Affirms That Emotional Injury Alone Is Not Bodily Injury Under Policy, Insurer Had No Duty to Defend
• Indiana Federal Court Finds That Act of Handing Over Truck Keys Under Duress Is the Equivalent of False Arrest, Detention, or Imprisonment, Insurer Had Duty to Defend

These last two cases each involved claims for emotional distress.  And although the courts considered similar principles when assessing the duty to defend, they applied those principles very differently.

We hope that you find these cases informative.

Rob Tugander and Greg Mann