The South Carolina Court of Appeals recently held that offensive odors from sewage could be classified as fumes or gasses for purposes of a pollution exclusion. In South Carolina Ins. Reserve Fund v. East Richmond County Public Service District, 2016 WL 1125810 (S.C....
Month: October 2016
Does a Parent Corporation Have Standing to Bring a Declaratory Judgment Action Against One of Its Subsidiaries Insurers? This question was recently answered by the California Court of Appeals.
The California Court of Appeals recently held in D.Cummins Corp. v. U.S. Fidelity & Guar. Co., 246 Cal.App.4th, 201 Cal.Rptr.3d 585 (1st Dist., 2016), that a parent corporation lacked standing to sue one of its subsidiary's insurers for declaratory relief. In this...
In a Split Decision, the Colorado Supreme Court Recently Rejected an Actual Prejudice Standard in Determining Whether an Insured Violated the Policy’s Consent No-Voluntary-Payments Clause When it Settled a Claim Without the Insurance Company’s Permission
In Travelers' Property Cas. Co. of America v. Stresscon Corp., 370 P.3d 140 (Colo. 2016), the Colorado Supreme Court held that an insured contractor's settlement for a bodily injury claim that arose on a construction site where the subcontractor was working, without...
The Montana Supreme Court Brings Clarity to the Meaning of “Accident” in a CGL Policy’s Occurrence Definition
In Employers Mutual Cas. Co. v. Fisher Builders, Inc., 383 Mont. 187, 371 P.3d 375 (2016), the Montana Supreme Court was called upon to interpret the term "accident" in a CGL policy's "occurrence" definition. The Court found that the term "accident" could include...