A recent Missouri Court of Appeals decision provides helpful precedent for liability insurers facing legacy environmental claims and class actions. The court strictly construed the policy period, concluding that claims based on conduct or injury occurring after the expiration of the policy were not covered, even if the underlying contamination began earlier.
Welcome to Robinson+Cole’s “Covering Appeals” Blog
Welcome to Robinson+Cole’s Covering Appeals blog, a new resource that analyzes the latest developments in insurance coverage appeals and provides an in-depth analysis of industry trends.
Our Insurance Appeals team is known for handling cutting-edge and precedent-setting insurance appeals nationwide, having been involved in key cases arising from the COVID-19 business interruption insurance litigation, Chinese-manufactured
COVID-19 Business Interruption Cases Reach the End of the Road, with Mixed Results
The Supreme Courts of Pennsylvania and North Carolina have issued two of what are presumably the last state supreme court decisions in COVID-19 business interruption insurance cases. While they reached split results (with the Pennsylvania court ruling for the insurer and the North Carolina court ruling for policyholders in a case without a virus exclusion)
Hawai’i Supreme Court Applies Pollution Exclusion in CGL Case Involving Climate Change
Hawai’i is generally an unfavorable jurisdiction for insurers given its “legal uncertainty rule,” under which there is a duty to defend if a determinative issue is nationally disputed and not yet decided in Hawai’i. However, as the Hawai’i Supreme Court recently clarified, that rule does not apply if the coverage issue debated nationally is not