Category Archives: Commercial Lines

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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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

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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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Tenth Circuit Decides Haunted House’s Insurers Must Share Costs

We in the Bose Insurance Group always appreciate good stories and good writing.  And when you can combine both in law, that’s even better.  Tenth Circuit Judge Gorsuch had some hair-raising fun writing the opinion in Western World Insurance Co. v. … Continue reading

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Federal Court Orders Production of Loss Reserve and Reinsurance Information

Parties in insurance disputes sometimes seek production of information regarding loss reserves and reinsurance.  But when should such information be produced?  The Western District of Washington recently addressed this issue in Isilon Systems, Inc. v. Twin City Fire Ins. Co., … Continue reading

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Indiana Supreme Court Thrice Finds “Absolute Pollution Exclusion” Is Ambiguous

The Indiana Supreme Court has held, for the third time, that the “absolute pollution exclusion” is ambiguous, affirming summary judgment in favor of coverage. In State Auto. Mut. Ins. Co. v. Flexdar, Inc., the insured discovered a chemical called TCE … Continue reading

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Fourth Circuit Finds Partial Coverage for FLSA Violation

The Fourth Circuit recently held that an insured’s failure to pay its employees’ wages in accordance with the Fair Labor Standards Act triggered the insurer’s duty to defend under a commercial package insurance policy.  In Republic Franklin Ins. Co. v. … Continue reading

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