Tough Calls For Casualty Carriers
Casualty professionals are used to claims from left-field - but courts’ opinions can be just as hard to call. Our latest edition of Casualty Matters provides a number of fascinating examples of the judicial capacity to surprise across a range of cases, from the workplace to the home and all the places in between. There is something for everyone in this edition: workplace injuries, construction defects, restaurant exposures, sexual molestation exclusions and pollution coverage, as well as auto accidents, social host claims and dog bites.
On the commercial lines side, we examine what happens when an employee of an uninsured contractor is injured on the job. Recently the Supreme Court in Alaska decided that the homeowner/business operator was required to pay for the injuries to a bankrupt contractor’s injured employee. Another decision, this time by the Virginia Supreme Court, provided an unusual twist on pollution coverage but favors insurers. In a case concerning an energy company’s contribution to global warming, the state high court held that neither the emission of carbon dioxide nor global warming, were occurrences under a GL policy.
Personal lines carriers had several wins and losses, too. The wins were in social host, the losses involved personal auto. Revisiting a case where a jogger was attacked by seven dogs, we also look at the plaintiff’s argument that each dog - or each bite - constituted a separate occurrence.
But you will need to read the latest issue of Casualty Matters to find out what the lower federal court decided…