Tred R. Eyerly | Insurance Law Hawaii The appellate court affirmed the lower court’s ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022). XL Construction Services, LLC was the contractor on a construction… Continue reading Court Affirms Duty to Defend Additional Insured Contractor
Month: December 2022
Professional Services Exclusion in CGL Policies
David Adelstein | Florida Construction Legal Updates A professional services exclusion in a commercial general liability policy means something. It’s an exclusion an insurer will rely on to avoid insurance coverage based on “professional services” performed or rendered by the insured. Don’t take it from me. Take it from the recent opinion in Colony Insurance Company v. Coastal… Continue reading Professional Services Exclusion in CGL Policies
Product Liability Economic Loss Rule and “Other Property” Damage
David Adelstein | Florida Construction Legal Updates One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis… Continue reading Product Liability Economic Loss Rule and “Other Property” Damage
Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?
Esquire Deposition Solutions Seasoned litigators know that incivility toward opposing counsel and their clients is not only unprofessional but is, ultimately, a disservice to the client. Harsh words and dilatory behavior impair constructive communications among the lawyers involved in the case, raising costs for everyone and short-circuiting opportunities for reaching a settlement prior to trial.… Continue reading Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
Ysabelle Reyes | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying lawsuit because the association’s board members allegedly committed “Wrongful Acts” under the directors and officers… Continue reading ‘Wrongful Acts’ Includes Both Negligent and Intentional Acts