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.

2024-2025 Co-Chairs
Gretchen Hoff Varner
John Harding

Contact: cglexcessliability @ americancollegecoverage.org  

Selected Presentations & Papers

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.4th 934 (11th 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.4th 543 (1st 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 (6th 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
11th 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 

Posted 7/10/2023
Why 7th Circ.'s BIPA Insurance Analysis Is Significant  

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

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