CGL/Excess Liability Insurance CommitteeMission StatementThe CGL/Excess Insurance Committee’s goal is to improve the quality of practice and understanding of legal issues posed by general liability and excess insurance disputes. Representing the interests of both insurers and policyholders, the CGL/Excess Insurance Committee offers scholarship and resources for leading practitioners in the insurance field. The Committee also fosters dialogue among its members to enhance collegiality and civility in insurance litigation. 2023-2024 Co-Chairs Contact: cglexcessliability @ americancollegecoverage.org Selected Presentations & Papers 9th Circuit Could Expand Reach Of Insurers' Pollution Exclusion U.S. Supreme Court Agrees to Consider Standing of Insurers in Chapter 11 Cases A Hawaii federal court asked the state's high court to answer whether an occurrence, defined in part as an "accident," includes reckless conduct, and whether greenhouse gas emissions fall within the scope of a pollution exclusion. 3rd Circ. Says Insurer Cannot Appeal Order To Defend Posted 8/25/2023 The Third Circuit dismissed an insurer's appeal of its duty to defend a radiator manufacturer in an underlying lawsuit brought by an injured employee, finding an order does not direct the insurer to take action and thus the court lacks jurisdiction over the appeal. The court determined that a lower court's order stating that Zenith Insurance Co. has a duty to defend M.P.N. Inc. in the underlying suit was not a final order and, therefore, is not appealable. Eighth Circuit Holds That Assault & Battery Exclusion Negates Coverage For Victim Of A Bar Shooting Posted 8/3/2023 The Eighth Circuit agreed with a Missouri federal judge that an insurer need not cover a $2.5 million judgment awarded to the victim of a bar shooting, finding that an assault-and-battery exclusion clearly applied to relieve the carrier of its obligations. New Jersey Supreme Court to Consider a Property Policy War Exclusion in the Context of a Cyber-Attack Posted 8/1/2023 The Supreme Court of New Jersey recently agreed to hear ACE American Insurance Company’s appeal of an Appellate Division decision finding that a war exclusion in a property insurance policy did not preclude coverage for Merck & Co., Inc.’s claim stemming from a 2017 cyberattack. 11th Circuit Holds that Insurer has no Right to Recoup Under Georgia Law Posted 8/1/2023 Bankruptcy Trustee of Boy Scout Settlement Trust Sues 90 Insurers in Dallas Federal Court Seeking Coverage for Abuse Claims Posted 7/18/2023 Why 7th Circ.'s BIPA Insurance Analysis Is Significant Posted 7/10/2023“Pleading In” to AI Coverage Protecting the Attorney-Client Privilege: Ethical Considerations for Insurance Coverage Counsel When Treated as an Adjuster Common Interest Doctrine And The Tripartite Relationship: Insurer Use Of Privileged/Protected Defense Material To Attack The Policyholder In The Coverage Case, Martin C. Pentz and Michael Hoven, Foley Hoag, LLP (from ACCEC's January 2016 Insurance law Symposium, Boston College Law School) The Legal Obligations of an Insurer that has Obtained Information from Appointed Defense Counsel that Supports a Denial of Coverage, Tony Zelle, Zelle McDonough & Cohen (from ACCEC's January 2016 Insurance law Symposium, Boston College Law School) Past Co-Chairs 2022-2023 2017-2018 2016-2017 |
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