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Nevada Court Denies Insured’s Demand for Refund of Advance Premium

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 of Nevada addressed the issue of whether an...

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

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 a general liability policy, an insured was entitled...

California Court Denies Rescission of Insurance Policy

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 considered whether an insurer was entitled...

Massachusetts Court Holds No Coverage for Withheld Employee Tips

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 States District Court for the District of Massachusetts...

11th Circuit Holds Pollution Exclusion Applies to Carbon Monoxide Poisoning

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, applying Georgia law, had occasion to consider...