In a dispute between two insurers regarding which had a duty to defend in the underlying lawsuit, the federal district court denied one insurer's motion to join the underlying plaintiff as a necessary party. Amerisure Ins. Co. v. Burlington Ins. Group, Inc., 2025 U.S. Distl LEXIS 144927 (N.D. Ill. July 29, 2025).
Comprehensive General Liability
Insurer Estopped from Denying Coverage Due to Confusion Regarding Who is the Insured
By Tred R. Eyerly on
The court denied the insurer's motion for summary judgment on its claim that a defense was not owed to an entity not named as the insured under the policy. Safeco Ins. Co. of Am. v. Order Denying Rip Van 898, LLC, 2025 U.S. Dist. LEXIS 139269 (D. Nev. July 22, 2025).
…
Court Resolves Carriers’ Dispute Over Which Must Defend
By Tred R. Eyerly on
The court agreed with Travelers that Lloyd's had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd's, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025).
Jerome Avenue owned a multi-tenant property in the Bronx, New York. Jerome Avenue leased…
Court Addresses Insurers’ Dispute Over Which is Primary, Which is Excess
By Tred R. Eyerly on
The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).
21 West 86 LLC, the owner of a building…
Contractor Entitled to Defense in Suit Filed by Performance Bond Carrier
By Tred R. Eyerly on
Interpreting Kentucky law, the Sixth Circuit determined that the contractor who failed to complete a project was entitled to a defense in an action brought by its performance bond carrier. Phoenix Ins. Co., et al. v. Wehr Constructors, Inc., 2025 U.S, App. LEXIS 9258 (6th Cir. April 18, 2025).
Wehr…
Consumer Fraud Claim against Insured is Not an “Occurrence”
By Tred R. Eyerly on
The Iowa Supreme Court determined that a consumer fraud claim against a contractor was not an "occurrence" and was not covered under the CGL policy. Dostart v. Columbia Ins. Group, 2025 Iowa Sup. LEXIS 48 (April 18, 2025).
Tyler Custom Homes entered into a construction contract with the Dostarts to…
Oregon Supreme Court Finds Recovery for an “Accident” Depends On Whether There is Tort Liability
By Tred R. Eyerly on
The Oregon Supreme Court wrestled with the meaning of "occurrence" in a liability policy, determining that recovery for an "accident" depended on whether there was a basis in fact for imposing tort liability. Twigg v. Admiral Ins. Co., 2025 Ore. LEXIS 242 (Ore. April 17, 2025).
Plaintiffs hired the insured…
No Coverage for Faulty Installation of Windows
By Tred R. Eyerly on
The federal district t court granted summary judgment to the insurer, agreeing there was no "occurrence" nor "property damage" resulting from the faulty installation of windows. Employers Mut. Casualty Co. v. Knipp Equipment Inc., 2025 U.S. Dis. 24400 (D. Kan. Feb. 11, 2025).
Edwards County and Knipp entered into a…
“Professional Services” Exclusion Applies to Deny Coverage
By Tred R. Eyerly on
The Oregon Court of Appeals affirmed the trial court's application of the policy's "professional services" exclusion to deny coverage. State of Oregon v. Haag Home for Boys, Inc., 2024 Ore. App. LEXIS 1674 (Ore. Ct. App. Dec. 4, 2024).
Haag Home for Boys, Inc. (Haag) operated a home for boys…
Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
By Tred R. Eyerly on
The Seventh Circuit reversed the district court's finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024).
Cornice, an architectural firm, oversaw the construction of a building in Iowa. Under the…