The Washington State Supreme Court recently published an opinion that may impact how courts will approach exclusions in certain liability policies. In Xia v. ProBuilders Specialty Insurance Company, 2017 WL 1532219 (Wash. Apr. 27, 2017), a homeowner became ill soon after moving into a new house. It later was determined an improperly installed exhaust vent…
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In Federal Ins. Co. v. Singing River Health System, 850 F.3d 187 (5th Cir. 2017), the Fifth Circuit overturned a district court decision that briefly left insurers in doubt whether fees paid to independent counsel could erode the limits of a burning-limits liability policy. In Moeller v. American Guar & Liab. Ins. Co., 707 So….
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The Eleventh Circuit recently affirmed summary judgment in favor of an insurer on the issue of pre-tender defense costs in EmbroidMe.com, Inc. v. Travelers Property & Casualty Company of America, 845 F.3d 1099 (11th Cir. 2017). Applying Florida law, the court denied the insured’s breach of contract suit for over $400,000 in fees incurred before…
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Last week, the District of Oregon became the latest court to rule on the pollution exclusion that appears in almost every general liability policy. The court in Colony Insurance Company v. Victory Construction LLC, 2017 WL 960024 (D. Or. Mar. 9, 2017), concluded Colony had no duty to defend or indemnify its insureds for two…
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The Southern District of Texas has issued its latest ruling in U.S. Metals, Inc. v. Liberty Insurance Corp., 2017 WL 830398 (S.D. Tex. Feb. 27, 2017), a complex and longstanding coverage litigation concerning the interpretation of the “your product” and “impaired property” exclusions. U.S. Metals sold Exxon 350 flanges used to remove sulphur from diesel…
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In Pharmacists Mut. Ins. Co. v. Advanced Specialty Pharmacy LLC, No. 1140046, 2016 WL 6819657 (Ala. Nov. 18, 2016), the Alabama Supreme Court reduced an award against a pharmacy’s general liability and umbrella insurer by $3M after finding underlying claims only were subject to the policies’ general aggregate limit, and not also the products/completed work…
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In Harleysville Group Ins. v. Heritage Communities, Inc., 2017 WL 105021 the South Carolina Supreme Court considered the impact that vague reservation of rights letters have on an insurer’s right to pursue its coverage defenses. The claim arose out of property damage to condominiums originally caused by the insureds’ faulty workmanship. After liability and damages were…
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Insurance-appointed counsel should be familiar with the “tripartite” relationship. Those insurance-appointed counsel who defend under a reservation of rights (“ROR”) especially should be aware of the potential conflicts that befall such representation. One commentator aptly described the ROR defense as “deeply and unavoidably vexing.”1 The Supreme Court of Mississippi has recognized the “tripartite” relationship creates…
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