J. Wylie Donald and Jocelyn G. Hill of McCarter & English LLP on Covering the Green Roof -- With Insurance

The City of Toronto just passed North America’s first ordinance mandating the installation of a green roof on new construction commercial and industrial buildings greater than a certain square footage. Green roofs are sprouting in numerous other jurisdictions in response to the sustained interest...

Anderson Kill & Olick Examine Insurance Implications of Gulf Oil Spill

By John G. Nevius, Shareholder, Anderson Kill & Olick P.C. Reports on the recent collapsed of the Deepwater Horizon rig and associated oil spill in the Gulf of Mexico seem to be going from bad to worse. It's too early to predict how insurance claims will come out, observes attorney John G...

California Supreme Court To Decide Interplay Between Severability-of-Interests Clause And Intentional Acts Exclusion

By Patrick R. McKinney II, Special Counsel, Farella Braun + Martel LLP Can an insurance company deny coverage to a homeowner who did nothing intentional because another insured under the policy committed a crime or intentional tort? The California Supreme Court heard argument on this issue last...

Chapter 15 General Liability Insurance in New Appleman New York Insurance Law, Second Edition

One of the 54 chapters in the second edition of New Appleman New York Insurance Law released in December of 2009 is "General Liability Insurance" by Robert Goodman and Steve Vaccaro of Debevoise and Plimpton LLP. The chapter covers the basic elements of commercial general liability insurance...

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been filed that allege product liability claims against...

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been filed that allege product liability claims against...

Wystan M. Ackerman and Seth A. Schmeeckle on “Handling the Flood of Coverage Litigation: Lessons Learned from Katrina”

By Wystan M. Ackerman and Seth A. Schmeeckle In their article, “Handling the Flood of Coverage Litigation: Lessons Learned from Katrina,” Wystan M. Ackerman and Seth A. Schmeeckle examine a number of insurance coverage cases that arose in the wake of Hurricane Katrina and note that...

Expect Gulf Oil Slick Claims to be Extensive and Impact Multiple Lines of Business

By Marc Lanzkowsky, Founder and Principal, Lanzko Consulting, Inc. As the losses in the gulf continue to rise, the true claims impact has yet to unfold I don’t think the insurance industry has felt the true brunt of the horrific events of the April 20 blast on the Deepwater Horizon...

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

Duty to Indemnify – Personal and Advertising Injury– New Appleman on Insurance Law Library Edition, Chapter 19

By Sherilyn Pastor, Partner, McCarter & English, LLP As a consequence of competition, companies increasingly face business tort claims such as misappropriation of trade secrets, false advertisement, patent or copyright infringement, disparagement, and trademark or trade dress infringement. When...

California Insureds Should Question the “Conventional Wisdom” Regarding Coverage for Wage and Hour Class Actions

By Erica Villanueva, Associate, Farella Braun + Martel Employment Practices Liability ("EPL") insurers have been aggressive in denying coverage for "wage and hour" class actions filed in California and elsewhere. Indeed, insureds now frequently assume that their policies afford...

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...

Exclusions Got You Down? Consider Coverage for Ensuing Losses

Tred R. Eyerly, Damon Key Leong Kupchak Hastert In his article “ Exclusions Got You Down? Consider Coverage for Ensuing Losses ” appearing in the January/February 2011 issue of Coverage, Tred R. Eyerly of Damon Key Leong Kupchak Hastert in Honolulu, Hawaii, first notes that although a...

A Primer for Managing Risks

(Lexis.com subscribers may access the cases below by clicking on the links) By Verne A. Pedro, Special Counsel, Goldberg Segalla LLP Injured visitors, faulty construction, mold, critters, fire, natural disasters-businesses face substantial risks from a host of potentially devastating unforeseen...

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc ., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...