John R. Ewell was quoted in the Law360 article “Biggest General Liability Rulings From 2023's Second Half.” The article discusses thought-provoking rulings in coverage disputes involving some hotly debated issues in the second half of 2023.
In the article, John told Law360 that the Fifth Circuit "absolutely reached the correct result” regarding a published ruling handed down in July. The Fifth Circuit doled out some relief to two Travelers units saying CGL policies they issued to Blue Bell Creamery do not require them to cover a shareholder derivative suit stemming from a 2015 listeria outbreak.
“The decision reflects a long-known reality in the insurance industry," John said. "CGL policies and directors and officers, or D&O, policies cover intrinsically different risks. CGL policies provide compensation for bodily injury and property damage. CGL policies require accidental conduct. D&O policies reimburse costs incurred defending the companies' business decisions. D&O policies are written to cover acts and decisions."
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