Matthew A. Chiricosta, Partner with Calfee's Insurance Recovery practice group, was quoted in the June 30, 2023, Law360 Insurance Authority article "General Liability Cases To Watch in 2nd Half of 2023" by Shane Dilworth.
The article discusses several pivotal commercial general liability rulings, anticipated from state and federal appellate courts before the end of the year, related to coverage.
In comments related to a Ninth Circuit review of the 2022 ruling from the California district judge finding that the involved insurance companies aren't required to defend the policyholder, a drug distributor, against actions brought by governments claiming the company contributed to the opioid epidemic, Matt noted that the district court ruling is "at odds with one of the core principles of the duty to defend, which is the 'one claim all claims' standard."
In an Eleventh Circuit review of an Alabama federal judge's decision to toss a coverage dispute between a drugmaker and its excess insurer for untimely notice, Matt noted that "most courts around the country take a pretty stringent, strict constructionist view of late notice issues in the claims-made policy context." He also noted that in "putting carriers on notice of a claim, policyholders should not lose sight of all insurers in the tower of coverage."
Read the full Law360 Insurance Authority article.
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Susan M. Kurz
Chief Marketing & Client Development Officer