LexisNexis® Legal Newsroom
Troutman Sanders
Chemical Discharge Exclusion Triggered by Insured’s 20-year Old Deposition Testimony

In Holloway Cleaners & Laundry Co. v. Central Nat’l Ins. Co. of Omaha, Inc. , the court granted a CGL carrier’s motion for summary judgment and held that it did not have a duty to defend its insured in an underlying action alleging that...

Randy J. Maniloff
Very Interesting “Expected Or Intended” Case

It is a safe bet that if a person fires a gun, and then seeks coverage for any resulting injuries, coverage issues, especially “expected or intended,” will ensue. It is also a safe bet that the person seeking coverage will come up empty. When...

Troutman Sanders
Amounts Incurred in Lawsuit Involving Multiple Claims Must Be Allocated Equally as Between Multiple Retentions absent Evidence Supporting an Alternative Allocation

In Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , the Eastern District of California, which previously held that each home involved in four underlying construction defect actions constituted a separate claim, held that amounts incurred in those actions...

Troutman Sanders
Affiliated Carrier Dismissed from Action because it did not Issue the Policy in Question

In Wright v. Allstate Ins. Co. of Cal. , the Northern District of California granted Allstate Insurance Company of California’s (“Allstate California”) motion to dismiss, agreeing with Allstate California’s argument that it could...

Randy J. Maniloff
Gobble, Gobble: Thanksgiving and Insurance Coverage – They Go Together Like Peas and Carrots

You would think that Thanksgiving is one of a few days a year when insurance coverage could just take a break. A day when insurance policies and claims could just sit down on the sofa and drift into a deep turkey-induced nap. But insurance coverage gets...

Troutman Sanders
Relatedness of Claims is Not Properly Addressed on a Motion to Dismiss where it involves a Factual Inquiry

In Rancho Tehama Ass’n v. Fed. Ins. Co. , the district court held that, under the facts of the case before it, relatedness of claims could not be properly addressed on a motion to dismiss because it entailed a premature factual inquiry. The insured...