Friday, July 21, 2017
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Commercial General Liability

Judge Rules CGL Policy Off the Hook for $22M Sexual Assault Claim

U.S. District Judge Judge David Godbey has ruled that Century Surety Co. was off the hook for a $22 million judgment awarded to a woman who filed suit against the owner of Pastazios Pizza Inc. for sexual assault. 

In April 2011, the owner of Pastazios (Ajredin “Danny” Deari) served the victim several rounds of alcoholic beverages under the pretenses of a job interview. The victim eventually lost consciousness and later awoke in a hotel room, where Deari sexually assaulted her.  She was ultimately able to lock herself in the bathroom and Deari later fled the scene. 

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4 Tips for Maximizing Insurance Coverage in Business Lawsuits

One of the most frustrating events in business is being served with a lawsuit. If your company has prepared for such an event, however, you should have one or more insurance policies in place that will help defray expenses. 

Determining which policies apply can be difficult, as policy language is not always crystal clear. You may be able to activate one or more of the following kinds of coverage:

      •      Commercial general liability (CGL)
      •      Errors and omissions (E&O), also known as professional liability insurance
      •      Directors and officers (D&O)


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So many insurance policies! What kind does your business need?

Running a business is full of risks, which is why one of the first purchases savvy business owners make is insurance. Between the dizzying array of choices and the opaque policy language, however, deciding which policies to buy can be overwhelming.

Choosing coverage that will help protect your company when you need it most can pay off in a big way, so here’s a brief overview of the policies commonly available to businesses.

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Data breaches covered by CGL?

Insurance policyholders may want to temper their reactions to yesterday’s decision by the United States Court of Appeals for the Fourth Circuit in Travelers Indemnity Co. of America v. Portal Healthcare Solutions LLC.

In its unpublished opinion, the Fourth Circuit affirmed a lower court ruling that Portal Healthcare’s data breach was covered under the company’s commercial general liability (CGL) policies. While the decision is significant, it’s worth highlighting an important fact: the policies at issue were issued in 2012 and 2013. More recent CGL policies may contain language purporting to exclude data breaches and other cyber events from traditional CGL coverage. An exclusion that surfaced in 2014, for example, precludes coverage for claims arising out of access to or disclosure of confidential or personal information.

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Insureds Pre"Vail" over the Independent Injury Rule

The pendulum seems to always swing to the left and right before it balances somewhere in the middle. For those who are old enough to remember the meteoric rise of insurance bad faith claims in the late 1980s, decisions issued in the latter part of the 1990s and beyond seemed to signal a near-anaphylactic reluctance by Texas courts to hold any insurer responsible for its conduct.

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Ebola :: The Insurance Side Effects

With the entrance of the Ebola virus into the United States this year, we have become acutely aware of public health issues raised by the threat of an outbreak, yet the potential economic impact of this virus and the associated need for proper risk management has not been considered as closely. The economic implications of the Ebola outbreak could be epic—the World Bank Group forecasts the affected countries’ economic loss to reach $32.6 billion by the end of the year.

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Looting in the Wake of the Ferguson Decision :: What Business Owners Need to Know About Their Insurance Policies

Reports of looting and violent protests in major cities followed the grand jury’s decision not to bring criminal charges against Officer Darren Wilson for the August shooting of 18-year old Michael Brown in Ferguson, Missouri. While business owners may be concerned about the safety of their property in high-risk areas, many may not have thought about whether damages arising out of acts of vandalism are covered by insurance. In fact, what’s not covered might come as a big surprise.

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Construction Industry Prevails :: Texas Supreme Court Limits Scope of Contractual Liability Exclusion

On Friday, January 17, 2014, the Texas Supreme Court ruled that construction defect lawsuits alleging faulty workmanship are generally covered under a commercial general liability, concluding that the contractual liability exclusion does not operate to preclude coverage for defective work. The high court’s unanimous opinion in Ewing Construction Company v. Amerisure Insurance Company provides significant reassurance to both property owners and contractors that the liability insurance pur ...

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Amy Stewart Presents ‘Insurance 101’ to DBA Corporate Counsel Section

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present “Insurance 101: Fundamentals of Liability Insurance for In-House Counsel” to the Dallas Bar Asociation’s Corporate Counsel Section on Tuesday, Nov. 6 at noon at the Belo Mansion, 2101 Ross Ave. The one-hour presentation provides one hour of MCLE credit. There is no charge for DBA members, although there is a lunch buffet available for purchase. Non-members must pay a fee in order to receive MCLE credit. For more info ...

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Insured Not Entitled to Independent Counsel :: Downhole Navigator

On Friday, the Fifth Circuit handed down its opinion in Downhole Navigator, L.L.C. v. Nautilus Insurance Company, affirming the district court’s ruling that the insured did not have a right to independent counsel.  Analyzing the conflict issue under Davalos, the court concluded that the facts to be adjudicated in the underlying case were not the same facts on which coverage turned as required to preempt the insurer’s right to control the defense. The insured, Downhole Navigator, provides s ...

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Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.


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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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