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Law360 Insurance Authority

Calfee Insurance Coverage Practice attorney Tae Andrews was quoted in the December 5, 2024, Law360 Insurance Authority article, "Insurance Pros Are Grateful for These CGL Rulings This Year." The article reviewed various favorable rulings in a number of significant commercial general liability disputes in 2024 – rulings that provided clarity on occurrence requirements, the duty to defend, and the application of policy exclusions that likely will impact CGL coverage disputes in the future.

In an interview with reporter Hope Patti, Tae Andrews commented on two court rulings this year, including the Hawaii Supreme Court's ruling in Aloha Petroleum Ltd. v. National Union Fire Insurance Co. of Pittsburgh, Pa. et al., in which the court found that the insurer isn't obligated to cover a suit accusing a subsidiary of Sunoco of contributing to climate change. Tae stated, "'On its face, it would appear to be a negative or adverse decision for policyholders'... but the ruling that reckless conduct could constitute a covered occurrence is a 'significant silver lining.'"

Tae also commented on an Ohio federal court's ruling in the J.M. Smucker Co. v. Ace American Insurance Co. case, in which the court ruled that Smucker didn't have to satisfy a $56.2 million retainer before triggering coverage for hundreds of claims involving tainted peanut butter. "The court applied a lot of precedent in rejecting the insurer's contention that a 'lot or batch clause endorsement' meant that there were 225 separate occurrences, each subject to a $250,000 retained limit.'" Tae stated. "'It's a common sense decision that supports the reasonable expectations policyholders have when they buy coverage,' he said, praising the court's refusal to interpret the policy in a way that would prevent the policyholder from being able to access coverage."

Tae, an experienced member of Calfee's Insurance Coverage practice, advises corporate insurance policyholders in multiple industries and litigates complex insurance disputes in both state and federal courts. He joined Calfee in September from a premier U.S. insurance recovery boutique law firm.

Read the full Law 360 article.


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