For the past 10 years, coverage attorney Randy Maniloff of the Philadelphia, PA law firm of White & Williams, LLP, has given the insurance industry an annual top 10 list of insurance coverage court decisions. His tenth submission, published in Mealey's Litigation Report: Insurance on December 22, 2010 can be found here or by clicking the image below.
In order of their issuance dates, the 10 cases making this year's list (Google Scholar links added for your ease of reference) are:
Pharmacists Mutual Insurance Co. v. Myer – Vermont Supreme Court held that an insurer that failed to take action to allocate damages between those that are covered and uncovered was precluded from asserting otherwise applicable coverage defenses.
Medical Protective Co. v. Bubenik – Eighth Circuit Court of Appeals held that an insured that "took the Fifth" in a civil case, because of possible criminal liability, forfeited coverage for lack of cooperation with its insurer.
Gilbane Building Co. v. Empire Steel Erectors LP – Texas District Court rejected ISO's additional insured endorsement that was designed to preclude coverage for an additional insured for its sole negligence.
Travelers Property & Casualty Co. v. Hillerich & Bradsby Co. Inc. – Sixth Circuit Court of Appeals provided a solution for insurers that are confronted with a demand to settle in the face of coverage defenses.
Harleysville Mutual Insurance Co. v. Buzz Off Insect Shield LLC – North Carolina Supreme Court addressed coverage that could be relevant to future "greenwashing" claims (allegations that a company exaggerated the extent that its product is environmentally friendly).
World Harvest Church Inc. v. Guideone Mutual Insurance Co. -- Georgia Supreme Court discussed the consequences for an insurer that issued an ineffective reservation of rights.
Pekin Insurance Co. v. Wilson – Supreme Court of Illinois interpreted the "expected or intended" exclusion to preclude its applicability for an assault and battery claim.
C.R.S.A. § 13-20-808 – Colorado General Assembly overrode Colorado courts to address whether faulty workmanship is an "occurrence."
Flomerfelt v. Cardiello – New Jersey Supreme Court rejected the usually broad interpretation of "arising out of" as used in an insurance policy exclusion.
State Automobile Mutual Insurance Co. v. Flexdar Inc. – Indiana Appeals Court rejected an insured's argument that an insurer's amendment of a policy provision was admissible to interpret the meaning of a prior version.
The Maniloff and Mooney article also includes their third annual Coverage for Dummies et al. special report. Check it out. You'll have to Google Scholar those cases on your own.