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Mealey's Insurance

  • April 07, 2026

    Limits Of 2 Insurance Policies Not Reduced By Other Insurers’ Payments, Judge Says

    PITTSBURGH — A Pennsylvania federal judge granted an insured’s motion for partial summary judgment in a dispute over coverage for underlying asbestos bodily injury claims after determining that the limits of two insurance policies issued in 1984 and 1985 were not reduced by payments made by other insurers under policies issued prior to 1984 and 1985 pursuant to the language of the policies’ noncumulation clauses.

  • April 07, 2026

    No Coverage Owed For 1 Underlying PFAS Exposure Suit, Magistrate Judge Says

    SAN FRANCISCO — A California federal magistrate judge found that no coverage is owed to an insured for one of many underlying lawsuits filed against it alleging injuries related to exposure to per- and polyfluoroalkyl substances (PFAS) allegedly contained in aqueous film-forming foams (AFFF) that were manufactured and sold by the insured after determining that the underlying suit at issue involves exposure that occurred decades before the insured’s existence.

  • April 07, 2026

    Insured’s Suit Against Environmental Liability Insurer Is Time-Barred, Judge Says

    SAN FRANCISCO — An insured’s breach of contract and bad faith suit filed against its environmental liability insurer after the insurer denied coverage for lost rental income incurred as a result of lead and asbestos abatement work cannot proceed because the insured failed to file suit within the applicable four-year statute of limitations, a California federal judge said in granting the insurer’s motion for judgment on the pleadings.

  • April 06, 2026

    Judge Failed To Address California Case Law On Pollution Exclusion, Insurer Says

    LOS ANGELES — Reconsideration of a California federal judge’s finding that an insurer has a duty to defend its insured for underlying silica bodily injury suits is warranted because the judge failed to address controlling California authority that is relevant to the application of a total pollution exclusion in the insurer’s policies as opposed to an absolute pollution exclusion, the insurer contends in a motion to reconsider.

  • April 03, 2026

    Texas Federal Judge Denies Insurer’s Appraisal Motion In Water Damage Claim Dispute

    SAN ANTONIO — A Texas federal judge ruled, in denying a motion to compel appraisal, that an insurer’s request for an appraisal following unsuccessful mediation in a dispute with an elderly woman over a water damage claim was “unreasonably delayed” given that it was filed 22 months after the woman filed her claim and 10 months after she filed a federal lawsuit alleging breach of contract, bad faith, violations of the state insurance code and more.

  • March 31, 2026

    Pollution And Contamination Exclusion Bars Coverage For COVID-19 Losses, Panel Says

    HOUSTON — An additional insured is not entitled to coverage for business interruption losses caused by quarantine orders issued in the wake of the COVID-19 pandemic because the commercial property policy’s pollution and contamination exclusion bars coverage, the 14th Texas Court of Appeals said March 31 in affirming a trial court’s ruling in favor of the insurer on breach of contract and extracontractual claims.

  • March 31, 2026

    Owned Property Exclusion Bars Coverage For Asbestos Contamination, Justice Says

    NEW YORK — A contractor’s pollution liability insurer has no duty to provide coverage for an underlying asbestos contamination damages suit filed against an insured because the contamination occurred at a subcontractor’s facility and is therefore barred by the policy’s owned property exclusion, a New York justice said in granting the insurer’s motion for summary judgment on the insured’s breach of contract and bad faith claims.

  • March 30, 2026

    Insurer Says No Coverage Owed For Underlying Silica Exposure Lawsuits

    LOS ANGELES — No coverage is owed to an insured for underlying bodily injury lawsuits stemming from exposure to silica dust created by the cutting of stone countertops because the claims alleged in the underlying suits are barred by the policies’ employer’s liability exclusion and pollution exclusion, the insurer says in a complaint filed in California federal court.

  • March 30, 2026

    Molestation, Discrimination, Pollution Exclusions Bar Coverage For Assault Suit

    MIAMI — A Florida federal judge granted a commercial general liability insurer’s motion for final default judgment against an insured based on the insured’s failure to respond to the insurer’s complaint and on the finding that the policy’s abuse or molestation exclusion, discrimination exclusion and pollution exclusion apply as bars to coverage for an underlying suit stemming from a verbal and physical altercation involving the insured’s employee.

  • March 27, 2026

    No Coverage Owed For Construction Debris Disposal Suit, Judge Determines

    ROCK ISLAND, Ill. — An insurer does not have a duty to defend its insureds in an underlying suit stemming from the insureds’ alleged improper disposal of construction debris because portions of the underlying claims are barred by the policy’s asbestos and pollution exclusions and none of the remaining claims alleges property damage caused by an occurrence as required for coverage to exist under the policy, an Illinois federal judge said in finding that the insurer has no duty to defend.

  • March 26, 2026

    4th Circuit Pauses Appeal Of FCR In Ship Contractor’s Asbestos Bankruptcy Case

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals granted a request by two insurers of Chapter 11 debtor Hopeman Brothers Inc. to hold in abeyance their appeal of a bankruptcy court’s appointment of a legal representative for future asbestos claimants in the debtor’s case until a Virginia federal court rules on whether to confirm Hopeman’s plan of reorganization.

  • March 24, 2026

    Insureds Failed To Show Pollution Suit Is Potentially Covered, Judge Says

    SACRAMENTO, Calif. — A California federal judge on March 23 denied a motion to dismiss or stay a declaratory judgment suit filed by insurers after determining that the insureds failed to show how an underlying suit alleging that the insureds unlawfully discharged pollutants into area waterways states, or could state, a covered claim that would require the insurers to defend the insureds.

  • March 24, 2026

    Insurer Owes Duty To Defend Insured In Underlying Silica Suits, Judge Says

    LOS ANGELES — An insurer has a duty to defend its insured for underlying bodily injury suits filed against the insured stemming from silica dust exposure from the insured’s products because the insurer failed to meet its burden of showing that the underlying suits are barred by the pollution exclusion included in primary and excess policies, a California federal judge said in denying the insurer’s motion for summary judgment and granting the insured’s motion for summary judgment.

  • March 24, 2026

    Insurers Must File Amended Complaint To Establish Jurisdiction, Judge Says

    NEW ORLEANS — A Louisiana federal judge ordered intervening insurers in an asbestos exposure liability suit to file an amended complaint to properly establish subject matter jurisdiction over claims related to coverage for the owners of the vessels named in an underlying asbestos bodily injury suit.

  • March 19, 2026

    COMMENTARY: America 250: A History Of Insurance & Insurance Coverage Law & Litigation In The United States, Part 2

    By Scott M. Seaman, Pedro E. Hernandez and Peter J. Lewis  

  • March 23, 2026

    Duty-To-Indemnify Claim In Exposure Coverage Suit Must Be Dismissed, Insured Says

    BATON ROUGE, La. — An insured, which is named in underlying mercury bodily injury suits stemming from the decommissioning of a chemical plant, says its insurer’s claim seeking a declaration that it owes no duty to indemnify must be dismissed because a determination on the duty to indemnify cannot be made until after the underlying suits are resolved.

  • March 20, 2026

    Insurer: Judge Should Reject Developer’s Fee Calculations In Coverage Dispute

    LOS ANGELES —A general liability insurer filed a reply in support of its motion for reconsideration asking a federal judge in California to reconsider his grant of summary judgment to developers in the developers’ case seeking coverage for construction defects, arguing that the judge should reject the developer’s faulty fee calculations.

  • March 20, 2026

    Panel Affirms Judgment In Favor Of Homeowners Insurer In Water Damage Suit

    TRENTON, N.J. — A panel of the New Jersey Superior Court Appellate Division affirmed a trial court’s judgment in favor of a homeowners insurer in a water damage coverage dispute after determining that the lower court did not err in allowing a jury to determine if the insurer breached its contract when it ceased payments for the repair of the insured’s condominium unit.

  • March 19, 2026

    Absolute Lead Exclusion Clearly Bars Coverage For Underlying Suit, Panel Says

    BROOKLYN, N.Y. — An absolute lead exclusion bars coverage for an underlying personal injury suit stemming from exposure to lead in an insured building, a panel of the Second Department New York Supreme Court Appellate Division said in affirming a trial court’s grant of summary judgment in favor of the insurer.

  • March 19, 2026

    Insurer Showed Issues Of Fact Exist On Missing Reinsurance Agreements, Panel Says

    CHICAGO — The First District Illinois Appellate Court reversed a trial court’s grant of summary judgment in favor of a reinsurer after determining that issues of fact exist regarding the existence of the reinsurance agreement under which the insurer seeks reimbursement for costs related to its insured’s asbestos liabilities.

  • March 17, 2026

    Remediation Company’s Negligent Misrepresentation Claim Fails, Panel Says

    RICHMOND, Va. — An environmental remediation company’s negligent misrepresentation claim against an environmental impairment liability insurer’s third-party claims administrator and a claims adjuster employed by the administrator cannot proceed because the claims administrator and adjuster owed no duty of care under North Carolina law to the remediation company, the Fourth Circuit U.S. Court of Appeals said in affirming a district court’s dismissal of the suit.

  • March 17, 2026

    Insureds’ Water, Mold Damage Coverage Suit Must Be Remanded, Federal Judge Says

    LOS ANGELES — An insureds’ suit seeking coverage for water and mold damage in their home must be remanded to state court because complete diversity of citizenship does not exist as the insureds have stated a valid claim for misrepresentation against the claims adjuster, a nondiverse defendant, a California federal judge said in granting the insureds’ motion to remand.

  • March 16, 2026

    Pollution Exclusion Bars Coverage For Claims Related To EtO Discharges, Panel Says

    CHICAGO — Following the Illinois Supreme Court’s determination that a pollution exclusion can apply to exposure to the emissions of ethylene oxide from an insured facility, the Seventh Circuit U.S. Court of Appeals reversed a district court’s ruling in favor of the insureds after determining that the pollution exclusion bars coverage for the claims asserted against them.

  • March 16, 2026

    Ark. Appellate Court Finds Contractor Not Insured Under Subcontractor’s Policy

    LITTLE ROCK, Ark. — An Arkansas Court of Appeals panel affirmed a lower court’s entry of summary judgment in favor of a subcontractor’s insurer, finding that a general contractor was not an additional insured under the policy and, therefore, the insurer owed no duty to defend or indemnify the general contractor in an underlying action for alleged faulty workmanship.

  • March 13, 2026

    COMMENTARY: America 250: A History Of Insurance And Insurance Coverage Law And Litigation In The United States, Part 1

    By Scott M. Seaman, Pedro E. Hernandez and Peter J. Lewis