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CGL – "STAGE HAND" EXCLUSION – "ARISING OUT OF" – AMBIGUITY Dzielski v. Essex Ins. Co. (4th Dept., decided 12/23/2011) We all know that courts construe policy exclusions narrowly and, when they are found to be ambiguous, against the insurer. But it's seemingly getting tougher and tougher to...
CGL – LATE NOTICE – GOOD FAITH BELIEF IN NONLIABILITY Fine Line Bldrs. & Remodelers, Inc. v. Atlantic Cas. Ins. Co. (2nd Dept., decided 12/13/2011) Atlantic Casualty disclaimed liability coverage based on its insured's late notice of an accident. The insured attempted to explain...
Food Odors from Delicatessen Do Not Constitute Pollutants Within the Meaning of the Absolute Pollution Exclusion
CGL – ABSOLUTE POLLUTION EXCLUSION – SMOKE, EXHAUST AND ODORS FROM INSURED RESTAURANT'S EXHAUST VENT – POLICY INTERPRETATION Barney Greengrass, Inc. v. Lumbermens Mut. Cas. Co. (2nd Cir., US Ct. Apps., decided 11/4/2011) Noisome odors emanating from an insured's delicatessen do not...
Question of Fact on Insured's Good-Faith Belief in Nonliability Staves Off Summary Judgment to Insurer on Insured's 8-Month Delayed Notice of Underlying Incident
CGL – LATE NOTICE – GOOD-FAITH BELIEF OF NONLIABILITY Columbia Univ. Press, Inc. v Travelers Indem. Co. of Am. (2nd Dept., decided 11/1/2011) Plaintiff insured's notice of a potentially covered incident was eight months delayed to its commercial liability insurer, Travelers. Travelers...
It's When the Alleged Harm, Not the Alleged Negligence, Occurs that Triggers Coverage Under an Occurrence-Based Business Liability Policy
CGL – TRIGGER OF COVERAGE – OCCURRENCE – EMOTIONAL DISTRESS CLAIMS Empire State Shipping Serv., Ltd. v Hanover Ins. Co. (1st Dept., decided 11/1/2011) Interesting trigger of coverage case. The insured plaintiff allegedly mishandled a corpse, but the deceased's mother did not learn of the...