Legal Insights for the Insured

Category Archives: Commercial General Liability (CGL)

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Pennsylvania Supreme Court Denies Review of Faulty Workmanship Decision

Last week, the Pennsylvania Supreme Court let stand the appellate decision in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., which held that mold related health problems and property damage allegedly arising from defective doors and windows constituted an “occurrence,” triggering coverage under the door and window manufacturer’s commercial general liability policy.  … Continue Reading

Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list to send e-mail blasts about its own products.  The customer list did not qualify as a misappropriated “advertising idea,” according … Continue Reading

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory statements in the policyholder’s advertisements.  The statements, however, need not be expressly disparaging.  Suits alleging that an ad implies the inferiority of a competitor’s product may trigger coverage.  … Continue Reading

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects.  Although these companies purchase commercial general liability (“CGL”) policies to manage those risks, they often face obstacles to recovery under policy terms and exclusions that purportedly preclude coverage … Continue Reading

Pennsylvania Superior Court Finds Coverage Under CGL Policy For Product Defect Claims

Policyholders seeking defense costs for products liability claims received welcome support from a Pennsylvania appellate court which rejected an excessively restrictive view of the scope of coverage offered under commercial general liability (CGL) policies.  The court in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., reversed, or at least slowed, what appeared … Continue Reading

Delaware Court Finds That Horizontal Exhaustion Does Not Apply To Excess Policies Under New York Law

Companies facing lawsuits filed by plaintiffs claiming continuous or progressive injuries or property damage, such as environmental damage, construction defects, or asbestosis, often try to maximize their insurance coverage for such claims by looking to all policies in force during the multiple, successive years in which the alleged injuries or damage took place.  A Delaware … Continue Reading
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