October 2024 Insurance Update

There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand. Clouseau says, “I thought you said your dog did not bite!” The clerk responds: “That is not my dog.” That’s sort of the situation in our first case. A homeowners policy excluded liability for injury arising out of the ownership, custody, or care of certain dog breeds, including pit bulls. The insured’s sister’s pit bull bit the plaintiff, and the insured sought coverage because the pit bull was not his dog. A California appellate court had to decide whether the exclusion was limited to the person seeking coverage or if applies when anyone engages in the excluded act.

Responding to a subpoena can be expensive, especially in mass tort litigation. Some liability policies have a separate sublimit for subpoena expenses. But other times policyholders will seek to recoup their costs in responding to a subpoena, even where there is no specific coverage for subpoena expenses. The issue comes down to whether there is a “Claim,” and that’s the question a Connecticut federal court had to answer in our second case.

A toddler was injured after swallowing her grandmother’s breath drops. You’re probably not thinking pollution exclusion, but that was a chief argument raised. A Missouri federal judge considers whether the exclusion applies.

Does an independent insurance adjuster owe a duty to an insured to conduct a proper investigation after a hurricane damaged the insured’s property? A Louisiana federal judge weighs in.

A comma can make a world of difference. Our colleague, Spencer Serling, discusses an ongoing dispute where grammar takes center stage.

We hope you enjoy the update. 

Robert Tugander and Greg Mann