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The Illinois Appellate Court Confirms That “Property Damage” and “Occurrence” Requires Damage Beyond The Insured’s Scope Of Work, But Even A Vague Allegation Of Damage Outside The Insured’s Work Triggers The Duty To Defend

December 2019 | Category: Articles and Presentations, News

In a recent opinion, the Appellate Court of Illinois, First District, has provided useful guidance to general liability carriers facing construction defect claims on the “occurrence” and “property damage” requirements, and on determining the duty to defend.  Certain Underwriters at Lloyd's London v. Metropolitan Builders, Inc.; & AIG Property Casualty Company, 2019 IL App (1st) 190517.

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Court Enforces Exclusions to Marine Liability Policy

December 2019 | Category: Articles and Presentations, News

BatesCarey’s Jason P. Minkin, Jonathan A. Cipriani, and Joseph E. Tennial write about the recent decision, United States Fire Insurance Co. v. Hawaii Canoe Racing Association et al., No. 1:18-cv-00212, 2019 U.S. Dist. LEXIS 207564 (D. Haw. Nov. 27, 2019), where the U.S. District Court for the District of Hawaii found that a marine liability insurer did not have to defend or indemnify the sponsor of a canoe race in connection with a lawsuit filed by a participant who suffered serious injuries after she was struck by the propeller of a motorboat. 

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BatesCarey Secures Illinois Supreme Court Precedent Addressing Insurance Trigger for Malicious Prosecution

November 2019 | Category: News, Recent Successes

BatesCarey partners Agelo L. Reppas and Adam H. Fleischer achieved fantastic legal precedent for the insurance industry and their client, Starr Indemnity & Liability Company, with the Illinois Supreme Court’s ruling that insurance coverage for malicious prosecution claims is triggered only at the time of the wrongful charging, and not in subsequent years of retrials or exoneration.

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