Physical loss and reasonable expectations of policyholders: The Third Circuit whiffs

On January 6, 2023, the Third Circuit affirmed lower court rulings in 14 consolidated appeals from orders dismissing claims for property damage and business interruption losses resulting from the coronavirus and/or COVID-19. Policyholder lawyers can (and will) find fault with many parts of Wilson v. USI Ins. Service LLC, Case No. 20-3124, in which the Third … Continue Reading

PA Policyholders May Find Road Blocks In Obtaining Coverage For Misappropriation of Advertising Ideas under CGL Policies

By Brian Himmel, Traci Rea and Mike Sampson on 28 October 2015 Posted in Commercial General Liability, Insurance Coverage, Insurance News of Note

Last week, the United States Court of Appeals for the Third Circuit issued a ruling that may make it more difficult for Pennsylvania policyholders to obtain coverage for the misappropriation of advertising ideas under standard commercial general liability policies. In The Hanover Insurance Company v. Urban Outfitters, Inc., No. 14-3705 (Oct. 23, 2015), the Third Circuit … Continue Reading

Third Circuit Holds That Terms of Insurance Policy Renewal ‘Must be the Same or Nearly the Same as the Initial Contract’

By Courtney Horrigan, Mike Sampson, Doug Widin, Jay M. Levin and Kateri Persinger on 22 October 2015 Posted in Insurance Coverage, Insurance News of Note

Recently, resolving an insurance-coverage dispute, the U.S. Court of Appeals for the Third Circuit held that “for a contract to be considered a renewal, it must contain the same, or nearly the same, terms as the original contract.” The court’s precedential ruling in Indian Harbor Insurance Co. v. F&M Equipment, Ltd., No.14-1897 (Oct.15, 2015), which is … Continue Reading