Tag Archives: Commercial General Liability

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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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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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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