Commercial General Liability
10th Circuit: Insurer Has Duty to Defend Where Intentional Act Resulted in Unintended Injury
The U.S. Court of Appeals for the Tenth Circuit has ruled that, under applicable Kansas law, an insurance carrier had a duty to defend where an insured's intentional act resulted in an unintended injury. Read More

Commercial Property
Mississippi Supreme Court Holds that Rule 59 Motion Continued the Tolling of the Statute of Limitations against Insurer that Began When Insured Filed Its Complaint
The Mississippi Supreme Court, deciding an issue of first impression, has ruled that a policyholder's motion to set aside a judgment or in the alternative for a new trial tolled the statute of limitations on its underlying contract claim against its insurance carrier. Read More

Subrogation
Appellate Court Reverses Trial Court and Orders Dismissal of Insurer's Subrogation Action Against Contractor
A New York appellate court has reversed a trial court's decision denying a contractor's motion for summary judgment in a subrogation action brought by an insurance company, declaring that to rule otherwise, would be "to expose to liability every contractor who, over the lifetime of a product, repairs it in even the slightest way, simply upon the premise that the contractor ought to have warned of a dangerous condition." Read More

Exclusions
6th Circuit: Insurer Sufficiently Notified Insureds about Addition of "Unsolicited Communications Exclusion" to Their Policies. P.S. It Barred Coverage of a Junk Fax Class Action
The U.S. Court of Appeals for the Sixth Circuit has ruled that an insurance company had provided sufficient notice of the addition of an "unsolicited communications exclusion" to their renewed policies for it to be effective – and that it precluded coverage for a class action against the insureds alleging that they had violated the Junk Fax Prevention Act. Read More