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Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim

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 Court for the Eastern District of Pennsylvania...

Pillsbury Winthrop: Parties' Choice of Seat of Arbitration Key Factor in Choice of Law Decision

By Laura Thomson , Pillsbury Winthrop Shaw Pittman English Court of Appeal dismisses appeal, upholding injunction of coverage dispute in Brazilian courts because arbitration clause specifying London as the seat of arbitration trumps the policy's controlling law provision. The English Court...

The Reinsurance Contract – New Appleman on Insurance Law Library Edition, Chapter 72

By Keith A. Dotseth, Michael J. Steinlage, David C. Linder and Melissa M. Weldon, Partners, Larson • King, LLP Chapter 72 discusses basic principles related to the formation and terms of reinsurance contracts. The chapter begins by considering the manner in which reinsurance contracts are formed...

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP As policyholder counsel in Illinois, we often must explain to our colleagues in California why there is no "bad faith" cottage industry among the Illinois bar. Taking the words right out of my mouth, a California court in a recent...

When is a Policy of Insurance Made? Acceptance of Offer Effects Insurance

Insurance, like every other contract, is formed when there is an offer made, that offer is accepted, and consideration (payment or a promise to pay premium) is given. In a diversity action, a federal court must apply the choice-of-law rules of the forum state. The parties agree that Florida’s...