Businesses rely on commercial general liability coverage for protection from legal liability arising from bodily injury or property damage to a third-party. Classic examples of third-party actions include a customer who slips and falls, or a consumer who is injured by...
The COVID-19 pandemic brought a wave of business interruption claims and related coverage lawsuits from business impacted by widespread closures. As we noted in our previous analysis, these businesses face significant hurdles in obtaining coverage for pandemic-related...
As business interruption lawsuits continue to fill up court dockets, we are beginning to see the first wave come crashing down on policyholders. Whether this is a sign of things to come is still an open question for both policyholders and insurers. At present, there...
As business interruption claims continue to pile up in the wake of the COVID-19 pandemic, questions are beginning to arise over how to best resolve the mass influx of expected claims. As courts across the country weigh various proposals including multidistrict...
Efforts by the business community and government to protect employees and the public from the COVID-19 virus have led to a tsunami of business closures and massive losses in income, estimated in the billions of dollars in the U.S. alone. It remains to be seen whether...
In the May 2019 issue of Claims magazine, John Gardella authored an article regarding autonomous vehicles and their future impact on the insurance industry that was published as the cover story in the prestigious industry publication. A copy of the article can be...
The Massachusetts Superior Court ruled that an insurer who agrees to defend without a reservation of rights[1] may select defense counsel and control the defense of covered lawsuits. This ruling is consistent with Massachusetts precedent and reinforces limiting...
Starting in the 1970’s, commercial generally liability (“CGL”) policies utilized a pollution exclusion that prohibited coverage for bodily injury or property damage arising out of the discharge of various environmental contaminants. The exclusion did not, however,...
The California Supreme Court granted review of Montrose Chemical Corporation of California v. Superior Court, 14 Cal.App.5th 1306 (2017) (Montrose II). In reviewing this case, the court has the opportunity to clarify or establish new precedent regarding...
Asbestos litigation in the United States is financed primarily through general liability insurance policies issued through the mid-to-late 1900s. Language within the policies defines an insurer’s right and duty to defend and indemnify an insured entity up to the...