The plaintiff was a developer of a subdivision. See Standard Pacific of the Carolinas, LLC v. Amerisure Ins. Co., 2011 U.S. Dist. LEXIS 963 (D. S.C. Jan. 5, 2011). Pursuant to a contract, it hired Matthews Construction as general contractor to build the subdivision. Matthews agreed to providea general liability policy from Amerisure naming
Duty to Defend
Indiana Court Adopts Uniform, Not Site-Specific, Interpretation of Pollution Exclusion
By Tred R. Eyerly on
Where the insured faces environmental suits in several states, should the law governing the liability policy be "site-specific," meaning the law of each state in which allegations of injury or property damage arise governs the policy's interpretation, or "uniform," whereby a single state's law governs? In Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Standard Fusee Corp…
Indemnity Agreement That May Never Be Triggered Is Still Insured Contract
By Tred R. Eyerly on
If an indemnity agreement is never triggered, is the agreement still an "insured contract" under a CGL policy? The court in Cheramie v. ERA Helicopters, LLC, 2010 U.S.Dist. LEXIS 128611 (E.D. La. Dec. 3, 2010) answered yes.
Dodi Cheramie, an employee of Professional Cleaning Maintenance Services, LLC ("PCMS"), sued ERA when she…
Ninth Circuit Determines Insurer Has Duty to Defend Trademark Infringement Claim
By Tred R. Eyerly on
The Ninth Circuit ruled that the insurer providing a defense in a trademark infringement case was entitled to equitable contribution from another insurer that improperly refused to defend. See Hudson Ins. v. Colony Ins., No. 09-55275 (9th Cir. Nov. 5, 2010)[here].
In the underlying suit, NFL Properties LLC accused All Authentic Corporation of…
Insurer’s Motion to Deny Coverage to Additional Insured Fails
By Tred R. Eyerly on
The insurer's motion for summary judgment, seeking to deny coverage for an additional insured, was rejected in York Hunter Constr. Serv., Inc. v. Great Am. Custom Ins. Serv., Inc., 2010 N.Y. Misc. LEXIS 4513 (N.Y. Sup. Ct. Sept. 17, 2010).
A plumber was injured on the job site when his foot got…
CGL Exclusion for Auto Accidents Bars Coverage
By Tred R. Eyerly on
An exclusion under a CGL policy for bodily injury arising out of automobile accidents prevented coverage when an employee was at fault. See Sprinkles v. Assoc. Indemn. Corp., 2010 Cal. App. LEXIS 1532 (Cal. Ct. App. Sept. 1, 2010).
Bibinz, an employee of Sinco, caused the accident, killing the deceased. The deceased's family…
Exclusion for Roofing Excludes Liability for Claim Arising out of Re-Roofing
By Tred R. Eyerly on
An exclusion for claims arising from roofing barred coverage when the underlying plaintiff was injured after falling from a scaffold. See Penn-America Ins. Co. v. Lavigne, 2010 U.S. App. LEXIS 17675 (1st Cir. Aug. 24, 2010).
Michael Daigle was hired to put a new roof on an apartment building and to seal some…
Reimbursement of Defense Costs Proper Under Colorado Law
By Tred R. Eyerly on
When the insured was sued for allegedly engaging in Medicare and Medicaid fraud, a defense was sought from the insurer. See Valley Forge Ins. Co. v. Zurich Am. Ins., 2010 U.S. App. LEXIS 17098 (10th Cir. Aug. 16, 2010). Once it was determined there was no duty to defend, was the insurer entitled…
Defense Owed Based on Underlying Pleadings and Insurer’s Lack of Evidence
By Tred R. Eyerly on
Whether the insurer can escape the duty to defend based on allegations in its complaint for declaratory relief was the issue in General Ins. Co. of Am. v. Clark Mall Corp., 2010 U.S. Dist. LEXIS 74880 (N.D. Ill. July 26, 2010).
The underlying plaintiffs lost property in a fire at a mall owned by the insureds. The…
Neither Hold Harmless Agreement Nor Certificate of Insurance Creates Coverage
By Tred R. Eyerly on
A hold harmless agreement and certificates of insurance failed to convey additional insured status under the policy in Pina v. Dora Homes, Inc., 2010 U.S. Dist.LEXIS 73941 (E.D. N.Y. July 22, 2010).
Several defendants responsible for construction at the site entered a hold harmless agreement with Choray Construction Corporation. The agreement stated Choray…