Insurance Blog: Ohio Court Adopts Integrated System Approach to Deny Coverage for Non-Conforming Integrated Products
on February 19, 2019
On January 23, 2019, the Delaware County Court of Common Pleas held that a non-conforming ingredient integrated into pediatric formula did not constitute property damage to the remaining non-policyholder ingredients or formula....
Insurance Blog: Texas Federal Court Analyzes What Triggers the Breach of Contract Exclusion
on February 5, 2019
In Mt. Hawley Ins. Co. v. Slay Engineering, et al., a federal district court in Texas concluded an insurer had a duty to defend a general contractor in a construction defect case alleging breach of contract and negligence....
Insurance Blog: New Cybersecurity Standards for the Insurance Industry under Ohio Law
on January 17, 2019
On December 19, 2018, Ohio Governor John Kasich signed into law Substitute Senate Bill Number 273 ("SSB 273"). The bill creates new provisions of the Ohio Revised Code, sections 3965.01 through .11. The Bill is modeled after the Insurance Data Security Model Law of the National Association of Insurance Commissioners (NAIC)....
Insurance Blog: Wisconsin Follows "Cause Theory" in Determining Number of Occurrences
on January 7, 2019
In Secura Insurance v. Lyme St. Croix Forest Company, LLC, No. 2016AP299 (Oct. 30, 2018), the Wisconsin Supreme Court determined the number of occurrences arising from a large forest fire that took place in May of 2013. The fire in question allegedly began in a piece of logging equipment and quickly spread to an adjacent grass pile and eventually the surrounding forest...
Insurance Blog: New York Court Holds That Nine Months is Too Late
on December 5, 2018
In a recent decision, a New York appellate court held that a business owner's notice to its CGL carrier regarding a settlement with an individual injured at its manufacturing plant was 9 months too late. Thus, despite potentially having coverage for the incident, the insured recovered nothing and ended up paying over $1.5 million....
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