Burden of Proving Exception to Exclusion Falls on Insured

COMMERCIAL GENERAL LIABILITY  – BURDEN OF PROOF – EXCEPTION TO EXCLUSION  Corbel Constr. Co. v Arch Specialty Ins. Co. (2nd Dept., 4/11/2018...

There Are No Such Things -- First Department Affirms Dismissal of CGL Insurer's "Equitable Indemnity" and "Equitable Reapportionment" Causes of Action

COMMERCIAL GENERAL LIABILITY  – COMMERCIAL UMBRELLA LIABILITY  – COINSURANCE RECOVERY ACTION  United Natl. Ins. Co. v. Travelers Prop. Cas. ...

Defending the Insured's Default Without Disclaiming Dooms the Declaratory Judgment Action

COMMERCIAL LIABILITY – LATE NOTICE – PREJUDICE  – UNTIMELY DISCLAIMER Montpelier US Ins. Co. v. 240 Mt. Hope Realty Co. (SDNY, decided 10/22...

Only Causal Link Between Named Insured's Acts or Omissions and Injury Required for Additional Insured Coverage to Apply

CGL – SCOPE OF ADDITIONAL INSURED COVERAGE  – CAUSED BY NAMED INSURED'S ACTS OR OMISSIONS  – CAUSAL LINK  – ANTISUBROGATION RULE    Burl...

Different Families Successively Exposed to Lead Paint in Same Apartment Over Several Policy Periods Entitled to Only One Policy Limit Under Policy's Noncummulation Clause

LIABILITY – LANDLORDS POLICY – NONCUMULATION CLAUSE – LEAD PAINT CLAIMS Nesmith v. Allstate Ins. Co. (Ct. Apps., decided 11/25/2014) In Hira...