CGL/Excess Liability Insurance Committee

Mission Statement

The CGL/Excess Insurance Committee’s goal is to improve the quality of practice and understanding of legal issues posed by general liability and excess insurance disputes. Representing the interests of both insurers and policyholders, the CGL/Excess Insurance Committee offers scholarship and resources for leading practitioners in the insurance field. The Committee also fosters dialogue among its members to enhance collegiality and civility in insurance litigation.

2025-2026 Co-Chairs

Gretchen Hoff Varner Partner Covington & Burling LLP

John Harding Member McAngus, Goudelock & Courie

Contact: cglexcessliability @ americancollegecoverage.org  

Selected Presentations & Papers

5/19/2025
Seventh Circuit Certifies Question Regarding the Impact of Regulatory Permits on CGL Pollution Exclusions to the Illinois Supreme Court

4/21/2025

7th Circuit Certifies Pollution Exclusion Case to the Illinois Sup Court

The case will consider whether industrial emissions allowed under a regulatory permit are excluded from coverage under a standard pollution exclusion clause. Over $150 million in defense costs are at issue.

4/21/2025
Takeaways From the Alaska Supreme Court Pollution Exclusion Ruling

Posted 4/3/2025
Eighth Circuit Holds Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision

Posted 3/5/2025
Fourth Circuit Rejects Equitable Estoppel Defense in Insurer Indemnity Dispute

Posted 12/27/24
Texas Supreme Court Holds that an Excess Policy’s Qualified Form Following Provision did not Incorporate the Lower Layer Insurers’ Coverage for Defense Costs 

Posted 12/16/2024
NC Justices Topple Insurer Victory In COVID Coverage Battle

Posted 12/11/2024
Ohio Supreme Court Holds Paint Manufacturer’s Lead Paint Abatement Settlement Not Covered
Because the payment was intended to prevent future harm and not compensate for past harm, the payment did not constitute damages because of bodily injury.

Posted 11/26/24
Ninth Circuit: Amber Heard’s Independent Counsel Fees in the Johnny Depp Suit are Not Covered

Posted 10/15/24
Hawaii Supreme Court Holds that the Pollution Exclusion Encompasses Green House Gas Emissions

Posted 9/23/24
5th Circuit Reverses Insurer's Win In Silo Damage Dispute
Holds that questions remain about whether wind and weather damage because of faulty construction qualifies as property damage

Posted 9/6/2024
Seventh Circuit Allows Rescission for Material Misrepresentations
Grinnell Mut. Reinsurance Co. v. S.B.C. Flood Waste Solutions, Inc. No. 23-1847, --- F.4th ---, 2024 WL 3886664 (7th Cir. Aug. 21, 2024)

Posted 8/7/2024 
South Carolina Supreme Court Holds No Prejudice by Late Notice of Lawsuit

Posted 7/23/24
The California Supreme Court Confirms Vertical Exhaustion Applies for First-Layer Excess Insurer

Posted 7/8/24
The Purdue Pharma Decision and Its Potential Effect on Insurers

Posted 6/20/24
Standing Room Only: US Supreme Court Ruling Clarifies Insurers’ Rights in Chapter 11 Proceedings
The U.S. Supreme Court held that insurers with financial responsibility for bankruptcy claims are “parties in interest” under the United States Bankruptcy Code and, therefore, may appear and be heard, including to object to Chapter 11 reorganization plans. This decision clarifies an important issue and paves the way for potentially greater participation by insurers in the Chapter 11 process.

Posted 5/28/24
Factors in Insurers’ Ability to Recoup Defense Costs for Uncovered Claims
By: Gregory Michael Gotwald

Posted 4/30/24
Links to Last 5 Reimbursement Oral Arguments
Since 2021, there have been five reimbursement cases argued to either federal circuit courts of appeals or state supreme courts. The first and last cases allowed reimbursement. The middle three did not. Here are the links to the various oral arguments addressing, at least in part, whether an insurer possesses the right to obtain reimbursement of moneys paid toward an uncovered settlement and/or uncovered defense costs.

Nautilus Ins. CO. v. Access Medical, 482 P.3d 683 (Nev. 2021): https://nvcourts.gov/__data/assets/file/0024/14694/100620_79130.mp3.

St. Paul Fire and Marine Ins. Co. v. Bodell, 538 P.3d 1049 (Haw. 2023): Judiciary | Oral Argument Before the Hawaii Supreme Court–SCCQ-22-0000658 (state.hi.us).

Continental Cas. Co. v. Winder Laboratories, LLC, 73 F.4^th 934 (11^th Cir. 2023): Oral Argument Recordings | Eleventh Circuit | United States Court of Appeals (uscourts.gov).

Berkley Nat’l Ins. Co. v. Atlantic-Newport Realty LLC, 93 F.4^th 543 (1^st Cir. 2023): ca1.uscourts.gov/sites/ca1/files/oralargs/22-1959_20231003.mp3.

Great American Fidelity Insurance Co. v. Stout Risius Ross Inc, 2024 WL 1511983 (6^th Cir. 2024): https://www.opn.ca6.uscourts.gov/internet/court_audio/audSearchRes.php.

Posted 4/24/2024
6th Circuit Affirms Insurer’s Recoupment Right Without Express Policy Grant (Michigan Law)

Posted 1/29/2024
9th Circ. Says No Duty To Defend McKesson Opioid Suits

Posted 12/12/2023
West Virginia Supreme Court Adopts the“Continuous-Trigger” Theory for General Liability Policies

Posted 11/13/2023
9th Circuit Could Expand Reach Of Insurers' Pollution Exclusion
At issue is a bodily injury suit stemming from wildfire cleanup that could expand the exclusion's application to suits outside the realm of conventional environmental contamination.

Posted 10/23/2023
U.S. Supreme Court Agrees to Consider Standing of Insurers in Chapter 11 Cases

Posted 10/13/2023
Eighth Circuit Holds that Insurance Company Did Not Violate Policy under Missouri Law by Requesting Reimbursement from an Adverse Insurer

Posted 10/16/2023
U.S. Supreme Court to Hear Case on Insurer’s Standing to Object to Asbestos Manufacturer’s Bankruptcy Reorganization

Posted 10/5/2023
Eleventh Circuit Holds that Additional Insured’s Failure to Cooperate Forfeits Coverage for $54 Million Judgment

Posted 9/7/2023
Hawaii Supreme Court Receives Certified Question as to whether Greenhouse Gas Emissions are Excluded by a Pollution Exclusion

A Hawaii federal court asked the state's high court to answer whether an occurrence, defined in part as an "accident," includes reckless conduct, and whether greenhouse gas emissions fall within the scope of a pollution exclusion.

Posted 9/7/2023
Ninth Circuit Certifies Question as to whether Carbon Monoxide Exposure Claims are Excluded by a Homeowners Policy's Pollution Exclusion Clause to the Alaska Supreme Court 

Posted 8/25/2023
3rd Circ. Says Insurer Cannot Appeal Order To Defend 

The Third Circuit dismissed an insurer's appeal of its duty to defend a radiator manufacturer in an underlying lawsuit brought by an injured employee, finding an order does not direct the insurer to take action and thus the court lacks jurisdiction over the appeal. The court determined that a lower court's order stating that Zenith Insurance Co. has a duty to defend M.P.N. Inc. in the underlying suit was not a final order and, therefore, is not appealable.

Posted 8/3/2023
Eighth Circuit Holds That Assault & Battery Exclusion Negates Coverage For Victim Of A Bar Shooting 

The Eighth Circuit agreed with a Missouri federal judge that an insurer need not cover a $2.5 million judgment awarded to the victim of a bar shooting, finding that an assault-and-battery exclusion clearly applied to relieve the carrier of its obligations.

Posted 8/1/2023
New Jersey Supreme Court to Consider a Property Policy War Exclusion in the Context of a Cyber-Attack 

The Supreme Court of New Jersey recently agreed to hear ACE American Insurance Company’s appeal of an Appellate Division decision finding that a war exclusion in a property insurance policy did not preclude coverage for Merck & Co., Inc.’s claim stemming from a 2017 cyberattack.

Posted 8/1/2023
11^th Circuit Holds that Insurer has no Right to Recoup Under Georgia Law 

Posted 7/18/2023
Bankruptcy Trustee of Boy Scout Settlement Trust Sues 90 Insurers in Dallas Federal Court Seeking Coverage for Abuse Claims 

October 21, 2021
“Pleading In” to AI Coverage
Alexander Henlin, Sulloway & Hollis, P.L.L.C., 

Protecting the Attorney-Client Privilege: Ethical Considerations for Insurance Coverage Counsel When Treated as an Adjuster
Edward "Ned" Currie, James D. Boone, Currie Johnson & Myers, P.A.  

Common Interest Doctrine And The Tripartite Relationship: Insurer Use Of Privileged/Protected Defense Material To Attack The Policyholder In The Coverage Case, Martin C. Pentz and Michael Hoven, Foley Hoag, LLP (from ACCEC's January 2016 Insurance law Symposium, Boston College Law School)

The Legal Obligations of an Insurer that has Obtained Information from Appointed Defense Counsel that Supports a Denial of Coverage, Tony Zelle, Zelle McDonough & Cohen (from ACCEC's January 2016 Insurance law Symposium, Boston College Law School)

Past Co-Chairs

2024-2025
Gretchen Hoff Varner
John Harding

2023-2024
Seth Lamden
John Harding

2022-2023
Beth Bradley
Richard Malone

2021-2022
Earnest Martin
Beth Bradley

2020-2021
Rhonda Tobin
John Failla

2019-2020 
Rhonda Tobin
John Vishneski

2018-2019
Neil Rambin
John Vishneski

2017-2018
Laura Foggan
Martin Pentz

2016-2017
Laura Foggan
Marty Pentz