The court cases in the Dec Page concern the meaning of “occurrence,” patent infringement, the doctrine of reasonable expectations, and the issue of coverage for additional insureds.

The U.S. District Court for the Eastern District of California had to rule on whether the deliberate and intentional act of well drilling and testing met the definition of occurrence when the insured claimed that the results of the testing were unintended consequences. The Fourth Circuit Court of Appeals ruled on whether patent infringement met the definition of property damage. As for the reasonable expectations doctrine, that issue was taken up by the Supreme Court of Appeals of West Virginia; the court was of the opinion that the doctrine is subject to the existence of relevant material facts. The issue of coverage for additional insureds was addressed by two courts: the U.S. District Court, Northern District of Georgia; and the Appellate Court of Illinois, First District, Second Division. The first case centered on whether an additional insured could file a bad faith action against an insurer, and the second case concerned coverage for a general contractor that claimed additional insured status on the general liability policy of a sub-subcontractor.

Questions and Answers

Is mold in the attic considered to be hidden behind walls and covered? See Mold in the Attic.

Does damage to cabinets invoke the pair and set clause in a flood policy? See Application of Pair or Set Clause in the Flood Policy.

Is a borrowed boat covered under the insured's homeowners policy? See Borrowed Boat.

Does the dwelling fire endorsement for mold only cover fungi from sources other than fire/lightning? See Limited Mold Endorsement for Dwelling Fire Forms.

Does relocation out of state terminate coverage for additional living expenses?See Relocation Terminates Additional Living Expenses.

When a carrier only covers the structure but not the contents, is the carrier responsible for moving and storing the contents in order to make repairs to the structure? See Removal of Contents to Repair Damage to Structure.

Professional Liability for Testing Laboratories

This article deals with coverage available from Professional Underwriters Agency, through Lloyds of London, for professional testing laboratories. See Professional Liability for Testing Laboratories.