Taurus Holdings v. U.S. Fidelity
913 So. 2d 528 (Fla. 2005) Cited 364 times 1 Legal AnalysesHolding that a product-completed exclusion precluded coverage for claims seeking health care and community protection costs resulting from conduct "arising out of (not merely incidentally related to) firearm products"
BP Air Conditioning Corp. v. One Beacon Insurance Group
2007 N.Y. Slip Op. 5581 (N.Y. 2007) Cited 344 times 2 Legal AnalysesHolding that "a duty to defend an additional insured is not contingent on there having been an adjudication of liability giving rise to a duty to indemnify the additional insured"
Utica Nat. Ins. Co., Tx. v. Am. Indem
141 S.W.3d 198 (Tex. 2004) Cited 291 times 2 Legal AnalysesHolding that the phrase "'arise out of' means that there simply is a causal connection or relation, which is interpreted to mean that there is but for causation, though not necessarily direct or proximate causation." (some internal quotation marks and citations omitted)
Olin Corp. v. Am. Home Assurance Co.
704 F.3d 89 (2d Cir. 2012) Cited 217 times 3 Legal AnalysesHolding that under New York law, courts are to apply the general rules of contract interpretation
Regal Cons. Corp. v. National Union Fire Ins. Co.
2010 N.Y. Slip Op. 4661 (N.Y. 2010) Cited 196 times 3 Legal AnalysesFinding that the alleged negligence arose on the part of the additional insured rather than the named insured was "of no consequence" as the additional insured's potential liability nonetheless "ar[ose] out of" the named insured's operation, and it was thus entitled to both defense and indemnification
Rodrigues v. N S Building Contractors, Inc.
2005 N.Y. Slip Op. 7728 (N.Y. 2005) Cited 177 timesNoting an indemnification provision need not "specify the sites, persons and the types of losses covered" to be enforceable under the New York Workers' Compensation Law
Maroney v. New York Cent. Mut. Fire Ins.
2005 N.Y. Slip Op. 7865 (N.Y. 2005) Cited 167 times 1 Legal AnalysesApplying this definition to a coverage exclusion denying claims that "arose out of" uninsured premises
Worth Constr. v. Admiral Ins. Co.
2008 N.Y. Slip Op. 3992 (N.Y. 2008) Cited 150 times 1 Legal AnalysesHolding contractor could no longer argue any connection existed between accident and construction of staircase once contractor admitted subcontractor did not negligently install staircase
Cragg v. Allstate Indemnity Corporation
2011 N.Y. Slip Op. 4767 (N.Y. 2011) Cited 122 timesNo. 118. Argued May 4, 2011. decided June 9, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 7, 2010. The Appellate Division affirmed a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), which had granted defendant Allstate Indemnity Corporation's motion for summary judgment declaring that it had no obligation to defend or indemnify defendant insureds
Gilbane Bldg. Co. v. Admiral Ins. Co.
664 F.3d 589 (5th Cir. 2011) Cited 114 times 1 Legal AnalysesHolding consideration of "whether [plaintiff in the underlying action] acted negligently ... goes directly to the merits of the underlying negligence suit, as well as to the duty to defend"