The 2nd Circuit recently found that the sale of counterfeit branded goods was not covered as advertising injury under a commercial general liability policy. In USF&G v. Fendi Adele S.R.L., 823 F.3d 146 (2nd Cir. 2016), applying New York law, upheld the district...
Firm News
MAINE SUPREME COURT WAYS IN ON APPORTIONING DAMAGES
The Maine Supreme Court in Harlor v. Amica Mutual Ins. Co., 2016 WL 6518589 (ME November 3, 2016) held that when an insurance company refuses to defend its insured on a mixed complaint containing allegations of both potentially covered and uncovered claims the insurer...
THE MONTANA SUPREME COURT FINDS THAT A POLICY’S EARTH MOVEMENT EXCLUSION WAS NOT LIMITED TO DAMAGES CAUSED BY SOIL MOVEMENT AND FINDING THAT DAMAGE CAUSED BY A FALLING BOULDER WAS EXCLUDED
In Parker v. Safeco Ins. Co. of America, 384 Mont. 126, 376 P.3d 114 (Mont. 2016), the Montana Supreme Court affirmed the trial court's grant of summary judgment for the insurance company that denied coverage for "earth movement" when the insured's cabin was damaged...
LOUISIANA SUPREME COURT WEIGHS IN ON ALLOCATION MODEL FOR LONG LEGACY DISEASE CLAIMS
In Arceneaux, et al., v. AmStar Corp., et al., 2015-0588 (La. 9/7/16), 200 So.3d 277, 2016 WL 4699163 (La., 9/7/16).The Louisiana Supreme Court allocated the costs of defending long legacy disease claims between the insured and insured based upon a on a time-on-the...
Offensive Sewage Odors were Recently Held to be Pollutants and Fell Within an Insurance Pollution Exclusion
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....