Insurance Law

Recent Posts

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

Ten Most Significant Insurance Coverage Decisions Of 2013 – Almost Heaven For Policyholders: West Virginia High Court Overrules Four Prior Decisions And Holds That Faulty Workmanship Is An “Occurrence” [And Two Others Do The Same]
Posted on 13 Jan 2014 by Randy J. Maniloff

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases... 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

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

WVSCA Clarifies Retroactive Application of Cherrington to Pending Cases
Posted on 19 Aug 2015 by Steptoe & Johnson PLLC

On May 20, 2015, the West Virginia Supreme Court of Appeals concluded in BPI, Inc. v. Nationwide Mutual Insurance Company , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that its prior decision in Cherrington... Read More

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”
Posted on 31 May 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill On May 3, the Supreme Court of Alabama's issued its decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc. , --- So.3d ---- , 2013 Ala. LEXIS 42 (2013) [ enhanced version... Read More

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court
Posted on 19 Mar 2014 by Brian Margolies

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had... Read More

When Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?
Posted on 16 Dec 2014 by Foley & Lardner LLP

In Wisconsin Pharmacal Co. v. Nebraska Cultures of California , No. 13AP613, 2014 Wisc. App. LEXIS 899 (Wis. Ct. App. Oct. 29, 2014), [ enhanced version available to lexis.com subscribers ], the Wisconsin Court of Appeals analyzed the circumstances under... Read More

Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Posted on 27 Dec 2010 by Randy J. Maniloff

I am serious. And stop calling me Shirley. By Randy Maniloff, Partner, White and Williams LLP Chinese drywall -- litigation over the smell of a rotten egg, uh, rolls on. For some insurers, Chinese drywall is a potentially large exposure. With... Read More

Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy
Posted on 17 Sep 2013 by Nicholas M. Insua

In Capstone Building Corp. v. American Motorists Insurance Co. , 67 A.3d 961 (Conn. 2013) [ enhanced version available to lexis.com subscribers ], a case of first impression, the Supreme Court of Connecticut considered whether allegations that a subcontractor’s... Read More