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In a recent decision of interest to corporate policyholders exposed to liability claims for data breaches or unauthorized disclosure of confidential information, a federal circuit court of appeals has ruled that coverage for liability claims arising from the unlawful...
There is an old adage in the legal profession that bad facts can make bad law. A recent Connecticut Superior Court decision serves as an example that an insurer’s right to cancel an insurance policy for nonpayment of premium is not absolute. ...
Insurance companies may rescind an insurance policy that was issued based upon fraud. When a party has been induced by fraud to enter into a contract, the party may rescind the contract and recover restitution or it may affirm the contract and recover damages caused...
I recently wrote an article published in the Connecticut Law Tribune about the Massachusetts Supreme Court’s decision in Boyle v. Zurich American Ins. Co., 36 N.E.3d 1229 (Mass. 2015), in which the Court held Zurich Insurance Company liable for a default judgment...
In a case of first impression in Connecticut, a Connecticut federal court recently addressed when property damage caused by intruders breaking into a building while stealing items from within the building constitutes damage from vandalism covered under a property...
A Connecticut trial court recently ruled that a liability insurer breached its duty to defend the City of Waterbury as an additional insured under a tenant’s liability insurance policy. The insurer failed to defend the city in a lawsuit seeking damages for personal...
Corporations and property owners faced with toxic tort and environmental claims arising from alleged exposure to toxins spanning many years often need to evaluate insurance coverage available under multiple insurance policies issued by different insurance companies...
The Connecticut Appellate Court recently interpreted a “business pursuits” exclusion in a homeowner’s umbrella liability policy broadly and held that a claim for coverage for tortious conduct related to or connected with one’s business pursuits falls within the...
In a previous entry I referenced the fact that there are many lawsuits pending in Connecticut against insurance companies that involve disputed claims arising from damage that homeowners in Northeast Connecticut have suffered due to defective concrete used in the...
The Connecticut Appellate Court recently ruled that claims of negligent misrepresentation against the seller of a home arising from the sale of house with water drainage problems which were not disclosed to the purchasers were not covered under the seller's...
Welcome to Coverage Insights, a blog focused on insurance law, authored by O’Sullivan McCormack Jensen & Markim PC trial attorney Michael McCormack. Michael has been representing clients in insurance coverage disputes and insurance recovery litigation, as well as providing insurance coverage and risk management counseling to clients for more than twenty-five years.