Category Archives: CGL

Fourth Circuit: Insurer Has a Duty to Defend Because CGL Policies Might Cover Data Breach

Here’s an interesting development in two areas close to my professional heart: technology and insurance coverage. It’s been said with some frequency in recent years that traditional CGL policies do not cover losses arising from data breaches. Last week, however, the … Continue reading

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Jones Presents at National Business Institute’s “Insurance Law 2013” Seminar

On February 28, 2013, Brian Jones–co-chair of the firm’s insurance group and the founder of this blog–presented at the National Business Institute’s “Insurance Law 2013” Seminar in Indianapolis, Indiana.  His topics were “Indiana Insurance Law 2012” and “Current Issues in … Continue reading

Posted in CGL, Environmental, Health Insurance, Notice-Prejudice Rule, Property/Casualty Insurance | Tagged , , , , , | 2 Comments

Settling Without Your Insurer’s Consent is Like Flushing Money Down the Toilet

Many insurance policies require the insured to obtain the insurer’s consent before settling a claim or making any payments for a claim.  That’s just basic insurance stuff.  So, too, is the concept that, if you have a claim asserted against … Continue reading

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Fifth Circuit: Merely Alleging “Property Damage” Doesn’t Trigger Duty To Defend

The Fifth Circuit, applying Texas law, recently considered whether certain alleged damages qualified as “property damage” for the purpose of a general liability policy. In PPI Technology Services, L.P. v. Liberty Mutual Insurance Co., Royal Production Company, Inc. retained the … Continue reading

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Supreme Court of Ohio Holds Faulty Workmanship is Not an “Occurrence”

States are split as to whether faulty workmanship constitutes an “occurrence.”  A majority holds that defective workmanship, standing alone, is not an “occurrence,” whereas the minority finds that faulty workmanship is an “occurrence.”  Under the majority view, it’s an “occurrence” … Continue reading

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Georgia Rejects Reservation of Rights Defense Where Insurer Denies Coverage

In Hoover v. Maxum Indemnity Company, a majority of the Supreme Court of Georgia ruled that an insured cannot disclaim coverage on one ground and reserve its right to disclaim on another.  The Court, applying Georgia law, reversed the Georgia … Continue reading

Posted in Bad Faith, CGL, Commercial Lines, Coverage Defenses, Litigation | Leave a comment

Indiana Court of Appeals: Batteries Not Included

The Indiana Court of Appeals has denied coverage for two bar patrons injured at a bar, applying the assault-and-battery exclusion in the bar’s CGL policy.  In Alea London, Ltd. v. Nagy, the two claimants sought coverage for injuries after one was struck … Continue reading

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