In an unpublished opinion issued on October 30, 2023, the Ninth Circuit ruled in favor of excess insurer Arch Insurance Company on various claims asserted by insured Vizio, Inc. arising from a settlement of class-action litigation regarding its Smart TV products (“Smart TV Litigation”) effected …

A Recent Ruling by the Ninth Circuit Vindicates Excess Carriers’ Rights Read More »

Earlier this month, a panel of the Ohio Court of Appeals in Ryan v. State Farm Mutual Automobile Insurance Co. et al., No. 29778, 2023 WL 6784954 (Ohio Ct. App. Oct. 13, 2023) found that a trial court erred by ordering State Farm Fire and …

Ohio Court of Appeals Curtails Insured’s Ability to Seek Bad Faith Discovery Until Underlying Claim is Adjudicated Read More »

In Lionbridge Technologies, LLC v. Valley Forge Insurance Company, No. CV 20-10014-WGY, 2023 WL 5985288 (D. Mass. Sept. 14, 2023), the Massachusetts District Court found where an insurance company has refused to pay for the defense of a policyholder’s corporate owner, a reasonable allocation of …

District Court Finds Reasonableness Determination Includes Allocation of Defense Costs Between Insured and Non-Insured Party Read More »

In a recent construction defect decision, a majority of the Wisconsin Supreme Court held that the initial grant of coverage under a standard Commercial General Liability (CGL) insurance policy does not require that the damage be to property other than the insured’s own product or …

Wisconsin Supreme Court Clarifies That “Property Damage” Under CGL Does Not Require Damage to Other Property Read More »