Public record case files
Evidence-led explainers of final public records. They report the record and its limits; they do not predict how another claim will turn out.
- A real-estate E&O defense duty survived two asserted exclusions
The insurer had to defend the real-estate brokerage because some allegations could fall within its professional-liability (E&O) policy and outside two exclusions. A duty to defend means paying for the lawsuit’s defense; it does not decide who was at fault or guarantee payment of the claim.
United States Court of Appeals for the Eleventh Circuit · Decided February 21, 2024
- A marketplace's role can put it in the product-liability chain
Amazon’s marketplace label did not automatically keep it outside a product-liability claim. The court said Amazon could face the claim because it stored, listed, charged for, and shipped the third-party seller’s battery. The decision is about Amazon’s role in that California case, not a rule that every marketplace is liable.
California Court of Appeal, Fourth Appellate District, Division One · Decided August 13, 2020
- An assault exclusion can reach a negligent-premises claim
Calling a claim negligent security or poor premises management did not avoid an assault-and-battery exclusion. The court said the claim depended on the assault, so the exclusion applied under this policy. Read the exclusion and the facts behind the claim, not just the lawsuit’s label.
New York Court of Appeals · Decided June 11, 1996