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Georgia Supreme Court takes an expansive view of what constitutes an occurrence under CGL policies

USA - August 7 2013 On July 12, 2013, the Supreme Court of Georgia confirmed in Taylor Morrison Servs., Inc. v. HDI Gerling Am. Ins. Co., No. S13Q046 (Ga. July 12, 2013)…

Walter J. Andrews, Lon A. Berk, John C. Eichman, Lawrence J. Bracken II, Robert J. Morrow

Florida Supreme Court denies resort to extrinsic evidence to resolve ambiguities in insurance contracts

USA - July 15 2013 On July 3, 2013, the Florida Supreme Court confirmed a key aspect of insurance law, holding that where a policy is ambiguous, it must be construed…

Walter J. Andrews, Lon A. Berk, John C. Eichman, Lawrence J. Bracken II, Robert J. Morrow

Second Circuit requires payment of underlying losses to trigger excess coverage based on policy provisions

USA - June 25 2013 The US Court of Appeals for the Second Circuit recently held that excess insurance policies are triggered when the payment of losses exceed the…

Walter J. Andrews, Lon A. Berk, John C. Eichman, Lawrence J. Bracken II, Robert J. Morrow

An insurer who wrongfully refuses to defend its insured in New York cannot rely on policy exclusions to contest its duty to indemnify

USA - June 21 2013 On June 11, 2013, the New York Court of Appeals held, in K2 Investment Group, LLC et al., v. American Guarantee & Liability Insurance Company, No…

Walter J. Andrews, Lon A. Berk, John C. Eichman, Lawrence J. Bracken II, Robert J. Morrow

EPA suit seeking remedies for past pollution triggers an insurer's duty to defend under a premises pollution liability policy

USA - June 12 2013 In Louisiana Generating LLC v. Illinois Union Ins. Co., No. 12-30651 (5th Cir. May 15, 2013), the United States Court of Appeals for the Fifth…

Walter J. Andrews, Lon A. Berk, John C. Eichman, Lawrence J. Bracken II, Robert J. Morrow