Insurance Law

Recent Posts

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability... Read More

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint
Posted on 6 Aug 2012 by Adam Budesheim

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies... Read More

Third Circuit Holds No Coverage For Suits Alleging Improper Collection of Customer Data
Posted on 22 Oct 2015 by Brian Margolies

In its recent decision in OneBeacon Am. Ins. Co. v. Urban Outfitters , 2015 U.S. App. LEXIS 16399, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ] (3d Cir.), the United States Court of Appeals for the Third Circuit... Read More

Georgia Court Holds Coverage Triggered for Product Disparagement Claim
Posted on 26 Oct 2015 by Brian Margolies

In its recent decision in Foliar Nutrients v. Nationwide Agribusiness Ins. Co ., 2015 U.S. Dist. LEXIS 125528, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (M.D. Ga. Sept. 21, 2015), the United States District... Read More

Ninth Circuit Holds Known Loss Language Inapplicable
Posted on 11 Aug 2015 by Brian Margolies

In Kaady v. Mid-Continent Casualty Company , 2015 U.S. App. LEXIS 10754 (9th Cir. June 25, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States Court of Appeals for the Ninth Circuit, applying... Read More

A Faulty Workmanship—“Occurrence” Case Worth Reading
Posted on 5 Jun 2014 by Randy J. Maniloff

The title of this article tells you how I feel about the continuous barrage of decisions addressing coverage for construction defects – in particular whether faulty workmanship constitutes an “occurrence” under a commercial general liability... Read More

Federal Court Answers The Question : “What Is A ‘Commercial General Liability Insurance’ Policy?”
Posted on 29 May 2014 by Randy J. Maniloff

The issue before the Southern District of Texas in Pac-Van, Inc. v. CHS, Inc., No. 12-341 (S.D. Tex. Mar. 31, 2014) [ enhanced version available to lexis.com subscribers ] -- just what is a commercial general liability insurance policy anyway -- isn’t... Read More

Reed Smith LLP on Developments and New Directions in Coverage for Claims Related to the Telephone Consumer Protection Act
Posted on 13 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By John S. Vishneski, III and Robert Deegan, Attorneys, Reed Smith LLP The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, et seq . , protects consumers from unwanted calls, faxes, and text messages. This commentary... Read More

Nevada Court Denies Insured’s Demand for Refund of Advance Premium
Posted on 17 Aug 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Crestdale Associates, Inc. v. Everest Indemnity Ins. Co., 2011 U.S. Dist. LEXIS 84380 (D. Nev. Aug. 1, 2011) , the United States District Court for the District... Read More

To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claims
Posted on 11 Aug 2015 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Bituminous Casualty Corporation v. Plano Molding Company , 2015 IL App (2d) 140292, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ],the Illinois... Read More

New Jersey Insurance Litigation: Chapter 4 Commercial Lines: Commercial General Liability Policies
Posted on 2 Jun 2010 by LexisNexis Insurance Law Newsroom Staff

Access Free Download of 4.03 Checklist: Reviewing General Liability (CGL) Policy Access Free Download of 4.05 Indentifying Coverages: Policy Section I Chapter 4 Commercial Lines: Commercial General Liability Policies in LexisNexis Practice Guide... Read More

Who’s On First – The Selective Tender Rule
Posted on 11 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Illinois Court of Appeal was asked to resolve a dispute between the Illinois School District Agency (ISDA), a provider of commercial general liability insurance and St. Charles Community Unit School District... Read More

Court Holds that the Insured’s Per-Claim Self-Insured Retention Applies on a Per-Home Basis Based on Language in Policy’s SIR Endorsement
Posted on 28 Jan 2015 by Troutman Sanders

Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , 2014 U.S. Dist. LEXIS 92682 (E.D. Cal. July 8, 2014, [ enhanced version available to lexis.com subscribers ]) In Evanston , the Eastern District of California held that the insurer’s duty to defend... Read More

California Court Denies Rescission of Insurance Policy
Posted on 4 May 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California... Read More

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy
Posted on 1 May 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Derderian v. Essex Insurance Company , 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under... Read More