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Issues regarding business and commercial general liability insurance coverage. Targeted tenders, insurance companies’ duty to defend the insured, indemnification, property damage insurance coverage, personal injury insurance coverage, advertising injury insurance coverage and toxic torts.

Insurer’s Duty to Defend Insurer for Sending Unsolicited Fax Advertisements

June 29th, 2015 | Business Insurance, Insurance | Comments Off on Insurer’s Duty to Defend Insurer for Sending Unsolicited Fax Advertisements

In G.M. Sign, Inc. v. State Farm Fire & Casualty Co., the facts arise out of an underlying fax-blast litigation in which G.M. Sign pursued a class action against Michael Schane (“Schane”) and his company, Academy Engraving Company, for sending unsolicited fax advertisements. On October 1, 2010, G.M. Sign entered into a settlement agreement with […]

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Insurer Has Duty to Defend when Insurance Contract May Possibly Cover Alleged Source of Liability
Determination of whether Settlement is Collusive in Case Involving Unsolicited Fax Advertisements
Insurer Estopped from Asserting Policy Defenses to Coverage under General Liability Insurance Policy
Interpretation of an Insurance Policy when there is a Conflict over which State Law Applies
Choice-of-Law Determination Required only when the Moving Party has Established Actual Conflict between State Laws
Targeted Tender Doctrine should be Narrowly Applied to Type of Factual Situations for which Originally Intended
Insured’s Professional Services Provided to Third Party Triggers Duty to Defend by Insurer
Drone Insurance Coverage Highlights
Term “the Insured” in an Insurance Policy may Refer to a Named Insured or an Additional Insured
Rental Exclusion of “Bob-Tail” Insurance Policy
Insurer Must Defend Party Who is Additional Insured under Policy
Alleged Defective or Faulty Workmanship does not Allege Property Damage under Commercial General Liability Policy
Pollution Exclusion in Comprehensive General Liability Insurance Policy Applies to Environmental Contamination Situations
Insurer’s Refusal to Defend Underlying Lawsuit Due to Unambiguous Identification of Facts in Complaint
Doctrine of Targeted Tender and “Other Insurance” Excess Provision
Manufactured Product Potentially Causing Bodily Injury does not Allege Claim of Actual Bodily Injury and does not Provide Coverage
Application of False Pretense Exclusion in Business Protection Policy
Duty to Defend Arises with “Occurrence”
Prior Publication Exclusion Abrogates Duty to Defend
Workers’ Compensation Act Does Not Require Borrowing Employer to Provide Insurance when Employee Leasing Company Provided Insurance
Insurer’s Intervention in Review Proceeding
“Other Insurance” Provisions Contained in Similar Multiple Primary Policies
Subcontractor’s Breach of Duty to Notify Insurer Does Not Bar Coverage for Contractor
Vague Use of Term “Damages” Does Not Trigger Duty to Defend
Attorney’s Disclosure of Dissatisfied Clients to Prospective Insurer when Applying for Claims-Made Malpractice Insurance Policy
Admission of Error in Policyholder’s Legal Malpractice Claim without Insurance Company’s Approval and Company’s Right to Deny Coverage and not Defend Malpractice Suit
Insurer’s Duty to Defend Policy Coverage for Contamination Caused by Landfill
Eviction and Insurer’s Duty to Defend
Insurance Claim File protected under Work Product Doctrine
Duty to Defend for Defamatory Conduct
Revocation of Insurance Producer License
Duty to Defend against Insured: Pursuant to an Exclusion of Acts by Insured for any Business Entity in which Insured has a Controlling Interest
Permitted Users Clause and the Duty to Defend
Right to Tender a Defense
Triggering Coverage
Lack of Insurance Coverage under an Absolute Pollution Exclusion
No Coverage While Not Engaged In Business
When settling, a “primary focus” of the claims settled must be a potentially covered loss (burden on insured)
Duty to defend an additional insured where there is a possibility it will qualify as an additional insured
Unsolicited Facsimilies
“Courts do not worry about conflict of laws unless the parties disagree on which state’s law applies”.
“Advertising Injury” Policy Provision
Lower-tiered excess insurer owes duty to a higher-tiered excess insurer
Additional Insureds and Claims “Arising out of” the Named Insured’s Negligence
An Insured Controls Which Policy is Targeted and Triggered
Illinois Supreme Court Approves the Targeted Tender
Reducing Business Costs Through A Selective Tender
Tageted Insurance Tender Lost Due To Delay
Targeted Tenders To Reduce Business Costs
Fax Blasting Covered Under A Commercial Liability Policy

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Insurer’s Duty to Defend Insurer for Sending Unsolicited Fax Advertisements

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