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California Appellate Court Rejects Insurer’s Attempt to Apply Multiple Self-Insured Retentions To a Single Lawsuit

By Erica Villanueva, Associate, Farella Braun + Martel In Clarendon America Insurance Company v. North American Capacity Insurance Company , E048176, 4th Dist. Ct. App. (Super. Ct. No. CIVRS701868), a new California Court of Appeal decision, the Fourth Appellate District has rejected an insurer’s...

McCarter & English, LLP on NGM Insurance Co., et al. v. Carolina's Power Wash & Painting LLC, et al. and the Absolute Pollution Exclusion

By Louis A. Chiafullo, Partner, McCarter & English, LLP In a recent decision from the United States District Court for the District of South Carolina, the “absolute pollution exclusion” upon which insurers often rely to deny coverage was dealt another blow when the court held that...

Dumb and Dumber – Refusal to Defend Risks Accepted Is Expensive

By Barry Zalma, Attorney and Consultant The Fifth Circuit Court of Appeal was asked to determine whether Illinois Union Insurance Company ("ILU") had a duty to defend Louisiana Generating LLC ("LaGen") in an underlying suit filed against it by the Environmental Protection Agency...