Commercial General Liability

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Occurrence-based liability policies often include a condition that requires the insured, or someone on their behalf, to provide a carrier prompt notice of the occurrence. Delays in reporting a claim can potentially provide a carrier with a late notice defense. The viability of this defense can turn on whether timeliness is evaluated from the perspective…

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.

In Certain Underwriters …

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…