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cgl
Florida Supreme Court Holds CGL Policy Covers an "Advertising Injury" Based Upon a TCPA Violation
The Florida Supreme Court recently held that a commercial general liability (“CGL”) insurance policy that provides coverage for an “advertising injury” covers a violation of the Telephone Consumer Protection...
Oregon District Court Addresses the Meaning of "Condominium" in a CGL Policy
In Bridgetown Condominium Homeowner’s Assn. v. Granite State Ins. Co., 2009 U.S. Dist. LEXIS 51568, Judge Anna Brown of the Oregon District Court recently examined the meaning of the undefined term “condominium” within the meaning of a CGL policy. In Bridgetown, the plaintiff...
Insurer Failed to Establish that Its 62-Day Delay in Disclaiming Liability Coverage Was Reasonably Related to the Completion of a Necessary Investigation
CGL – UNTIMELY DISCLAIMER – NEED TO INVESTIGATE Crocodile Bar, Inc. v. Dryden Mut. Ins. Co. (4th Dept., decided 4/24/2009) Plaintiff brought this declaratory judgment action seeking defense and indemnification coverage for three underlying personal injury actions and moved for summary judgment, con...
Unqualified Assumption of Additional Insureds' Defense for Two Years Estops Insurer from Seeking Contribution from Co-Insurer
CGL – ADDITIONAL INSUREDS – COINSURANCE – OTHER INSURANCE – ESTOPPEL BETWEEN INSURERS Liberty Ins. Underwriters, Inc. v. Arch Ins. Co. (1st Dept., decided 4/14/2009) The City of New York and its Department of Environmental Protection were involved in a construction project with Crescent Contrac...
General Obligations Law § 15-108 Applies Only to Joint Tortfeasors, Not Co-Insurers
CGL – CO-INSURANCE – CONTRIBUTION – GENERAL OBLIGATIONS LAW § 15-108 Scotts Co., LLC v. Pacific Employers Ins. Co. (1st Dept., decided 4/9/2009) New York General Obligations Law § 15-108 provides: Release or covenant not to sue. (a) Effect of release of or covenant not to sue tortfeasors. W...
