Insurance Law

Recent Posts

Massachusetts Court Holds No Coverage for Withheld Employee Tips
Posted on 31 Jul 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Berkshire-Cranwell Limited Partnership v. Tokio Marine & Nichido Fire Ins. Co., 2012 U.S. Dist. LEXIS 93635 (D. Mass. July 6, 2012) , the United... Read More

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence
Posted on 11 Jan 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction work being performed by contractors on a building owned by... Read More

If You Build It, He Will Come (And Sue You)
Posted on 28 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LLP 3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law The recent construction of New Meadowlands stadium in New Jersey – home of the Giants and Jets – has... Read More

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory
Posted on 14 Nov 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g.... Read More

For Insurers In Pennsylvania: Courts Continue to Sing The Praises of Kvaerner And Gambone
Posted on 27 Dec 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LL Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin’ true especially for me And the reason is... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010
Posted on 19 Jun 2010 by Daniel W. Gerber and Sarah J. Delaney

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured... 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

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

California Supreme Court Steps Away from Foster-Gardner Doctrine
Posted on 27 Dec 2010 by Andrew B. Downs

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC In a retreat from its 1998 decision in Foster-Gardner, Inc. v. National Union Fire Ins. Co. , 18 Cal.4th 857, [ enhanced version available to lexis.com subscribers ], the California Supreme... 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... Read More

Top CA Case of Week: Sprinkles v. Associated Indemnity Corporation
Posted on 4 Oct 2010 by Donielle Colich

By Donielle Colich , Associate, Barger & Wolen, LLP The California Court of Appeal recently held that an insurer properly denied coverage and had no duty to defend its insured where the policy unambiguously excluded coverage for claims arising... Read More

Illinois Court Addresses Liquor Liability Exclusion
Posted on 23 Jan 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Netherlands Insurance Co. v. Phusion Projects, Inc., 2012 U.S. Dist. LEXIS 5222 (N.D. Ill. Jan. 17, 2012) , the United States District Court for the... Read More

Peach Clobber: Georgia Appeals Court Knocks Out the “Assault & Battery” Exclusion
Posted on 14 Jun 2011 by Randy J. Maniloff

Another Court Uses the Presumption of Self-Defense to Find Coverage for an A&B Claim Randy J. Maniloff, White and Williams, LLP As a short guy with glasses, not to mention at one point in time having a keen interest in the Dewey Decimal... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010
Posted on 29 Oct 2010 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635... Read More

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning
Posted on 5 Sep 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Scottsdale Insurance Co. v. Pursley, 2012 U.S. App. LEXIS 17437 (11 th Cir. Aug. 20, 2012) , the United States Court of Appeals for the Eleventh Circuit... Read More