Articles Posted in States

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Florida’s Third District Court of Appeals recently held that whether “prompt” notice was given to an insurer of a claim occurring over three and a half years after a hurricane caused damages to a condominium is a question of fact that must be given to the jury. This ruling confirms that the date on which an insureds’ duty to report a claim is triggered under an insurance policy’s notice provision is an issue of fact not ripe for summary judgment. The case is Laquer v. Citizens Property Insurance Corporation.

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If your company faces liability arising out of exposure to asbestos-containing products or materials, it may pay—a lot—to take a second look at your liability insurance policies containing asbestos exclusions. They may not exclude your loss after all. On March 3, 2015, a Pennsylvania federal district court ruled in General Refractories Co. v. First State Insurance Co. that an asbestos exclusion in two general liability policies is ambiguous, and does not bar coverage for a multitude of asbestos-related lawsuits against a manufacturer and supplier of asbestos-containing products. Continue Reading ›

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A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations—if proved—would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a form of “litigation insurance,” protecting the insured against the costs of being wrongly sued, however groundless the claims against it may be. The case is Illinois Tool Works Inc. and ITW Finishing LLC v. Travelers Casualty and Surety Company, et al. Continue Reading ›