The case, which involved Sherwin-Williams Co., looks at if a commercial general liability policy should respond to public nuisance claims.

The case involved a Massachusetts contractor, a NYC building project and faulty work by a New York-based subcontractor.

"Here, Estep contends that his accident occurred while he was loading his car with luggage, which was part of a greater mission of returning home to Chesapeake with that luggage," Judge Frank K. Friedman wrote on behalf of the majority. "Simply put, transporting luggage is a valid and expected use of a vehicle, and one cannot transport the baggage without first packing the vehicle."

The W.Va. Supreme Court ruled that a circuit court erred in concluding that a policy's employer's liability exclusion was applicable in a wrongful death claim.

Whether a developer mistakenly believed it had the right to remove trees and dirt from a property was the deciding factor in the ruling.

The $1.4M suit involves a four-story brick building in Boston that was being renovated when it collapsed.

The insurance policy phrase "direct physical loss of or damage to" has been in the news the past few years thanks to BI cases stemming from the pandemic.

On December 10, 2021, a tornado struck the plant, causing the building to collapse. Nine people were killed and several others were injured.