Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

August 2018 Archives

Georgia Court Of Appeals Finds Lead-based Paint Injuries Subject To Insurance Policy's Insurance Exclusion

In Brownlee v. Liberty Mutual Fire Ins. Co., 456 Md. 579, 175 A.3d 697 (2017), the Maryland Court of Appeals, interpreting Georgia law, held that a policy's pollution exclusion applied to bodily injuries resulting from the ingestion of lead-based paint. The Court found that Georgia's interpretation of the pollution exclusion did not violate Maryland's strong public policy that protected victims of lead-based paint. 

On the Horns of a Dilemma, What is an Excess Insurer to do?

Imagine this: an underlying tort lawsuit is being defended by the primary insurer. While the defense is underway, an opportunity arises in which the insured and the primary insurer agree that the proposed settlement of the covered claim should be accepted. However, the amount of the settlement exceeds the primary layer and therefore involves the need for the excess insured to approve the settlement. This situation recently occurred in the U.S. 9th Circuit Court of Appeals case of Teleflex Medical, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 851 F.3d 976 (9thCir. 2017).

Faulty Construction Is Not A "Occurrence" Under Missouri Law

The Missouri Court of Appeals in View Homeowners Association v. Burlington Insurance Co., 2018 WL 2011748 (Mo. App. W.D. May 1, 2018) recently held that faulty workmanship performed on a renovation project did not constitute a policy-defined "occurrence" in a situation where the developer had control and management over the project, as well as having the ability to resolve construction deficiencies and correct substandard work during the project. 

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