Archives: Expected or Intended

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More developments in insurance coverage for construction defects

Back in the days of the environmental insurance coverage wars, we on the policyholder side argued (eventually successfully in New Jersey) that the word “sudden”, as used in the 1973 version of the pollution exclusion, meant “unexpected” and did not have a temporal connotation. My friends in the defense bar often criticized us for trying … Continue Reading

Developments in cyberliability coverage

We in business are all overwhelmed with reading material, but I try to make sure that I read at least some legal and business publications every day to keep up with developing trends.  And, it seems that every day I see another article about a new hacking incident, or another dire warning about cyber-risk.  (The … Continue Reading

Insurance Coverage for Alleged Intentional Harm

I’ve sometimes commented on this blog that my first boss in the business warned me: “If you assume there’s no coverage, you won’t find any.” There are plenty of risk managers and brokers who believe that general liability insurance coverage exists primarily to protect against people falling down in the parking lot. Not suprisingly, many … Continue Reading

Insurance coverage for “intentional” torts

One of the celebrities we lost in 2013 was the novelist Tom Clancy. I wasn’t a Clancy devotee, but I have to admit that “Red Storm Rising” and “The Hunt for Red October” were excellent military thrillers. In “Red October,” the KGB officer on board the Russian submarine (Red October) thinks that, rather than surrendering … Continue Reading

The “Wrongful Acts” Exclusion and the Duty to Defend

There’s a funny (perhaps unintentionally so) website called The Robing Room, on which lawyers rate judges in various categories.  The site is funny mostly because, from reading the reviews, you can generally predict who won and who lost a case before that particular judge.  Take, for example, Judge Joseph F. Bianco of the Eastern District of … Continue Reading

The Penn State scandal and the duty to defend

I greatly respect judges.  And, I feel sympathy for judges. They have a very difficult job. We hand them enormous caseloads for relatively low pay (most of them could make a lot more money in private practice) and then expect them to become conversant in every legal subject imaginable, from water rights to alimony.  By … Continue Reading

Spider-Man and Event Cancellation Insurance

This weekend, my family is taking me to see “Spider-Man:  Turn off the Dark” to celebrate the 12th anniversary of my 39th birthday.  (The show is still in interminable previews.)  Given how things have gone so far for Spidey, I’m hoping that one of the actors doesn’t land on my head.  Anyway, over at Property Casualty … Continue Reading

The unintended results of intentional acts

Recently, in a major environmental insurance coverage claim, I had a carrier refuse to provide coverage based on something that it described as the “intentional acts” defense.    Since all “acts”  are intentional, an  “intentional acts” defense would mean that liability insurance coverage does not exist – for anything.  Intentional harm, of course, is generally not … Continue Reading