Archive | Commercial General Liability

Oregon Court Finds No Duty to Defend or Indemnify for Alleged Professional Services

An Oregon federal district court judge recently issued an opinion and order in Navigators Ins. Co. v Hamlin, No. 14-cv-196-MC, 2015 WL 1084825 (D.Or. Mar. 10, 2015) addressing an insurance company’s duty to defend and indemnify its insured for claims relating to alleged professional services rendered by the insured.  The […]

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Oregon Insured Not Entitled to Reformation of Policy

Last week, the Oregon Court of Appeals analyzed two commonly litigated issues that arise when a policyholder has inadequate insurance coverage and suffers a loss.  First, the court considered whether reformation of the insurance policy was appropriate.  Second, it assessed whether there was a viable claim for negligent procurement of […]

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Insurer Has No Duty to Defend Trademark Infringement Claims Per Ninth Circuit

On June 10, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a published opinion in Street Surfing, LLC v. Great American E&S Ins. Co., — F.3d —, 2014 WL 2576448 (9th Cir. 2014) addressing an insurance company’s duty to defend an insured in an intellectual property infringement […]

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Washington Court Clarifies Duty to Defend in Environmental Cleanup Claims

The Washington Court of Appeals, Division One, issued an opinion on June 2, 2014, addressing what triggers a duty to defend “any suit” in a commercial general liability (CGL) policy when the owner of a contaminated property faces potential strict liability.  In Gull Industries Inc. v. State Farm Fire and […]

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Bad Faith and Breach of Contract Claims Redundant Per Court

The U.S. District Court for the Eastern District of New York recently issued an opinion in 433 Main Street Realty LLC v Darwin Nat’l Assur. Co., 2014 WL 1622013 (E.D.N.Y. Apr. 22, 2014), addressing the redundancy of an insured’s claims for breach of the insurance contract and breach of the implied […]

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Washington Court Holds Insurer Had Duty to Defend Property Owner as Additional Insured

A judge in the Western District of Washington recently issued an opinion in Seaway Properties LLC v Fireman’s Fund Ins. Co., 2014 WL 1612696, — F.Supp.2d — (W.D. Wash. Apr. 22, 2014), which addressed a property owner’s claim for defense and indemnity as an additional insured under its tenant’s insurance […]

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