Insurance Law

Recent Posts

Michigan Court Holds No Coverage Under Successive UST Policies
Posted on 22 Jul 2011 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Webb Operating Co. v. Zurich American Ins. Co ., 2011 U.S. Dist. LEXIS 73675 (E.D.Mich. July 8, 2011) , the United States District Court for the Eastern... Read More

Fifth Circuit Holds Settlement With Primary Insurer Did Not Result In Exhaustion
Posted on 16 Aug 2011 by Brian Margolies

By Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Citigroup Inc. v. Federal Ins. Co ., 2011 U.S. App. LEXIS 16316 (5 th Cir. Aug. 8, 2011 ) , the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered... 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

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 Northern... Read More

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes
Posted on 4 Feb 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc ., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District... 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., CDC... 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

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

Oregon Federal Court Holds No Duty to Pay Insured’s Appellate Costs
Posted on 3 Jul 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012) , the United States District Court for the District of Oregon... Read More

Florida Court Holds E&O Insurer Has Duty to Defend Civil Conspiracy Claim
Posted on 1 Nov 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Philadelphia Indem. Ins. Co. v. Hamic, 2012 U.S. Dist. LEXIS 150067 (M.D. Fla. Oct. 18, 2012) , the United States District Court for the Middle District... Read More

Second Circuit Holds No Duty to Defend Intellectual Property Claim
Posted on 26 Apr 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second... 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

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

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