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October 24, 2023 | Law.com

'This Was Not an Accident': Insurers Argue Against Indemnifying Sherwin-Williams in $409M Lead Paint Liability Action

At oral arguments Tuesday, the Ohio Supreme Court pressed Sherwin-Williams' Jones Day counsel about why the company should be entitled to indemnification for injuries caused by a product that is known to be hazardous.
5 minute read
May 19, 2023 | Daily Report Online

Insurance Company Sues G&D Construction in Effort to Not Defend It in Lawsuit

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
April 20, 2023 | The Legal Intelligencer

Sixth Circuit's Flawed Analysis in 'Westfield National Insurance v. Quest Pharmaceuticals'

Over the past decade, states and local governments across the country have filed thousands of lawsuits against pharmacies, manufacturers and distributors of prescription opioids for their alleged role in contributing to opioid-related bodily injuries.
9 minute read
January 25, 2023 | Law.com

Ransomware Attack Not Covered: 'No Direct Physical Loss of or Damage to' Intangible Computer Software, State High Court Says

The insurance policy phrase "direct physical loss of or damage to" has been prominent in the news the past few years thanks to the spate of business interruption cases stemming from the pandemic, but one state high court recently had occasion to examine that policy language in a different context: cybersecurity.
6 minute read
January 05, 2023 | Law.com

10th Circuit Joins Sister Courts in Holding Presence of COVID-19 Does Not Constitute 'Direct Physical Loss or Damage'

"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
5 minute read
December 12, 2022 | Law.com

In Closely Watched Ruling, Ohio Supreme Court Sides With Insurers on COVID-19 Business-Interruption Issue

Attorneys from Reed Smith, who filed an amicus brief on behalf of nonprofit United Policyholders, said the case "well demonstrates some of the inappropriate major hurdles that policyholders had to clear in litigating claims for loss from loss or damage from SARS-CoV-2 and COVID-19 and consequent orders of civil authorities."
8 minute read
October 27, 2022 | Law.com

6th Circuit Denies $1 Million 'Loss of Referrals' Insurance Coverage Finding Temporary Closure Is Not Termination of Business

"Neither the complaint nor its exhibits explain which, if any, of the Key Referral Sources are permanently closed, how the relationship with any Key Referral Source has been permanently impacted by the suspended business, or how Retina Center determined it suffered a loss in excess of $1,000,000," Judge John K. Bush wrote in the opinion. "Without that necessary information, the pleadings do not rise above speculation."
5 minute read
October 18, 2022 | Daily Report Online

Talc Suppliers' Owner Sues Insurance Carriers to Force Them to Defend It in Lawsuits

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
July 27, 2022 | The Legal Intelligencer

Personal Injury Insurance Coverage: Insuring Intangible Rights

This article discusses the broad scope of Coverage B, particularly for violations of intangible rights and intentional torts, which many businesses (and their attorneys) incorrectly assume are uncovered.
8 minute read
July 25, 2022 | The Legal Intelligencer

Two Decades Into Opioid Crisis, Insurance Coverage Questions Only Beginning to Find Answers

Beyond the devastating physical toll, the opioid epidemic has had severe economic consequences on the nation as well. A bipartisan congressional report issued earlier this year found that the opioid epidemic costs the United States roughly $1 trillion a year.
9 minute read

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