Insurance Law

Recent Posts

Gulf Oil Spill: Gusher of Insurance Claims
Posted on 4 May 2010 by Randy J. Maniloff

The British Petroleum Claims are Coming The British Petroleum Claims are Coming -- If Paul Revere had been a lawyer Right now there is only one thing that there is more of than oil floating in the Gulf of Mexico - blood. And the sharks smell it and... 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

Naan Bread. Make That No Bread For Policyholder. 11th Circuit Holds That Aroma Of Indian Food Is A Pollutant
Posted on 5 Jul 2011 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP This spring the 11th Circuit Court of Appeals held that the aroma of Indian food is a pollutant within the terms of a pollution exclusion. Despite its best effort to curry favor with the court, the policyholder... Read More

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger
Posted on 11 Apr 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation This is the third issue in a row of Binding... Read More

Release of Asbestos During Ceiling Renovation Falls Within Pollution Exclusion of Property Insurance
Posted on 25 Aug 2011 by Bullivant Houser Bailey PC

By Samuel H. Ruby, Shareholder, Bullivant Houser Bailey PC A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property... Read More

Are Costs Of Cleaning Up Radioactive Contamination Covered?
Posted on 30 Jun 2010 by Rene L. Siemens

By Rene Siemens, Partner, Pillsbury Winthrop Shaw Pittman LLP For decades, insurers have denied coverage for the costs of investigating and cleaning up radioactive contamination. Insurers insist that such costs are excluded from coverage. Their position... Read More

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant
Posted on 8 Mar 2012 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP There are two significant Pollution Exclusion cases where I've been looking forward to a decision - the Indiana Supreme Court's in State Automobile Mut. Ins. Co. v. Flexdar and the Wisconsin Supreme... Read More

Florida Court Holds Insurer Has Duty to Indemnify Legionella Bacteria Claim
Posted on 26 Oct 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010) , the United States District Court for the Middle District of Florida held that a general liability... Read More

Hot Issues in Construction Defects Insurance Coverage
Posted on 8 Mar 2010 by Conferences in Arizona

A March 4, plenary session at the ICLC annual meeting was devoted to hot issues in construction defects insurance coverage. These include: (1) issues arising out of the Chinese drywall problem-some drywall manufactured in China emit sulfur fumes associated... Read More

Insurance and the Gulf of Mexico Oil Spill
Posted on 10 May 2010 by Michael Kotula

By Michael Kotula , Partner, Rivkin Radler, LLP. The explosion on the Deepwater Horizon platform and rupture of an oil well in the Gulf of Mexico, and the ensuing oil spill, is likely to result in significant liability exposures for a number of companies... Read More

Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever?
Posted on 5 Apr 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP I am convinced that, at any given moment of the day or night, I can find an episode of Law & Order somewhere on my television. Now don't get me wrong, I enjoy the show, but in the end the episodes... Read More

Reaction to the Recent Climate Change Insurance Coverage Decision by the Virginia Supreme Court
Posted on 26 Sep 2011 by John G. Nevius

By John G. Nevius, Esq., P.E. The September 16 decision in Virginia allowing a subsidiary of Zurich to avoid its duty to defend a climate-change related claim is ironic. On the one hand, anthropogenic links to climate change are the subject of considerable... Read More

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim
Posted on 11 Apr 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District... Read More

  • Blog Post: Hot Issues in Construction Defects Insurance Coverage

    A March 4, plenary session at the ICLC annual meeting was devoted to hot issues in construction defects insurance coverage. These include: (1) issues arising out of the Chinese drywall problem-some drywall manufactured in China emit sulfur fumes associated with respiratory and sinus problems in some...
  • Blog Post: Gulf Oil Spill: Gusher of Insurance Claims

    The British Petroleum Claims are Coming The British Petroleum Claims are Coming -- If Paul Revere had been a lawyer Right now there is only one thing that there is more of than oil floating in the Gulf of Mexico - blood. And the sharks smell it and are circling. One media report that I saw had...
  • Blog Post: Insurance and the Gulf of Mexico Oil Spill

    By Michael Kotula , Partner, Rivkin Radler, LLP. The explosion on the Deepwater Horizon platform and rupture of an oil well in the Gulf of Mexico, and the ensuing oil spill, is likely to result in significant liability exposures for a number of companies. Here is what is currently known about the...
  • Blog Post: 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...
  • Blog Post: Emerging Legal and Insurance Issues from the Gulf Oil Spill

    By John L. Watkins, Shareholder, Chorey, Taylor & Feil Last week, courtesy of my friends at LEXIS, I attended the HB Litigation Conference in Atlanta on litigation and insurance coverage issues arising from the BP oil spill disaster in the Gulf of Mexico. The presenters included extremely well...
  • Blog Post: Are Costs Of Cleaning Up Radioactive Contamination Covered?

    By Rene Siemens, Partner, Pillsbury Winthrop Shaw Pittman LLP For decades, insurers have denied coverage for the costs of investigating and cleaning up radioactive contamination. Insurers insist that such costs are excluded from coverage. Their position took a body-blow recently when a Massachusetts...