Hunton Insurance Recovery Blog

Recently, a New York appellate court issued a decision that largely was a win for the National Football League (NFL) and similarly situated policyholders. The decision addressed several questions related to liability policies, including when an injury is accidental, when repeated injuries constitute continuous exposure to harmful conditions, when coverage is triggered under the products-completed operations hazard, and when a settlement should be deemed reasonable.

The Eleventh Circuit has reversed an insurer’s award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came within the scope of the “Your Work” exclusion. More specifically, the court found unclear whether the damage occurred before or after the contractor abandoned the job, thereby triggering an exception to the “Your Work” exclusion for damage to work that had “not yet been completed or abandoned.”  The decision illustrates how timing can be a critical factor when it comes to triggering coverage for work and completed operations.