Insurance Law

Recent Posts

California Clarifies Scope of Reasonable Expectations for Additional Insureds
Posted on 22 Jan 2014 by Andrew B. Downs

Insurance policies often insure persons or entities other than the named insured, often because the named insured is obligated to obtain insurance to protect those other persons. In California, when a policy provision is ambiguous because it is susceptible... 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

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence
Posted on 8 Mar 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying... 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

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims
Posted on 24 Mar 2014 by Erica Villanueva

By Dennis Cusack and Erica Villanueva Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end... 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

Environmental Coverage Summary: 2013 – Crystal Ball: Insurance Coverage Environmental Issues to Watch For In 2014
Posted on 5 Mar 2014 by Mealeys

A. Fracking Claims: Fallacy Or Finally Here? Hydraulic fracturing - or "fracking" - involves the fracturing (drilling) of pressurized liquid into rock, such as shale rock, to release natural gas and oil. The pressurized liquid is a mix of water... Read More

Debriefing for the 24th Annual International PLUS Conference
Posted on 15 Nov 2011 by Carrie E. Cope

By Carrie E. Cope, Shareholder, Schuyler Roche & Crisham, P.C. The colorful waterfront and temperate climate of San Diego, California was a welcome backdrop for the 24 th Annual International PLUS Conference which took place November 2-4. For... 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

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment
Posted on 11 Jun 2015 by Troutman Sanders

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to lexis.com subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist... Read More

An Overview of Offshore Oil Drilling Risks, Legislation and Offshore Physical Damage Insurance Policies
Posted on 19 Jan 2011 by Rina Carmel

By Rina Carmel and Ashkan Yekrangi, Carlson, Calladine & Peterson LLP In their article appearing in the November/December 2010 issue of Coverage , “An Overview of Offshore Oil Drilling Risks, Legislation and Offshore Physical Damage Insurance... Read More

Traub Lieberman Insurance Law Blog: Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme
Posted on 21 May 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in State Farm Fire& Cas. Co. v. Anderson , 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013) [ enhanced version available to lexis.com subscribers... Read More

Montrose Endorsement Did Not Exclude Coverage
Posted on 15 Oct 2015 by Randy J. Maniloff

In general, insurers have had mixed results when it comes to enforcing the Montrose (known loss) endorsement in construction defect coverage cases. Some courts have interpreted them narrowly and applied a strict “sameness” (my term) test between... Read More

Insurance Coverage for SEC Investigations
Posted on 8 Feb 2011 by LexisNexis Insurance Law Newsroom Staff

By Gregory S. Wright and Richard A. Kirby, Partners, K&L Gates In their article appearing in the November/December 2010 issue of Coverage , Insurance Coverage for SEC Investigations , Gregory S. Wright and Richard A. Kirby report that in several... Read More

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine
Posted on 7 Dec 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third... Read More