The Complex Insurance Coverage Reporter

CLAIMS-MADE COVERAGE

Zurich Am. Ins. Co. v. Syngenta Crop Prot. LLC, 2024 Del. LEXIS 68 (Del. Feb. 26, 2024)

Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of claims-made CGL and umbrella liability policies. Citing case law from Delaware and other jurisdictions, it reasoned that, in the ordinary sense, a “claim for damages” (which the policies did not define) is “a demand or request for monetary relief by ... Continue Reading

Wave of Deceptive Marketing PFAs Claims Raises “Personal and Advertising Injury” Coverage Issues
By: Gregory S. Capps and Lynndon K. Groff

Companies in various consumer products industries are increasingly facing claims alleging that they have deceptively marketed their products as safe and sustainable when, in reality, those products allegedly contain unsafe and unsustainable levels of chemicals known as per- and poly-fluoroalkyl substances, or “PFAS.” Since the beginning of 2022, plaintiffs have filed class-action lawsuits against several cosmetics ... Continue Reading

Welcome to CICR’s annual recap of insurance cases you should know about — and others in the pipeline to watch. You can read about our selections for “Cases to Know” and “Cases to Watch” below.

In the last year, we saw COVID-related business interruption disputes continue to dominate the insurance coverage landscape. According to the University of Pennsylvania’s COVID Coverage Litigation Tracker, trial courts have already issued 750+ merits rulings on motions in these cases. The results have overwhelmingly favored insurers. As one court put it, there is “[a]n ... Continue Reading