LexisNexis® Legal Newsroom
Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

McCarter & English LLP on Travelers Property Cas. Co. of Am. v. Mericle and Colony Ins. Co. v. Mid-Atlantic Youth Services Corp., Third Circuit Affirms Lack of Coverage for Pair of Judicial Kickback Cases

By Anne Matthews, Associate, McCarter & English, LLP Robert Mericle and Mericle Construction Company (collectively, "Mericle") along with Robert Powell and Mid-Atlantic Youth Services Corporation (collectively, "MAYS") were each sued in connection with a kickback scheme wherein...

No Coverage For Participant In Drag Race

By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries caused by participation in such a dangerous risk...

Prior Publication Exclusion Eliminates Coverage Under a General Liability Policy’s Advertising Injury Coverage for Trademark Infringement Claim

Street Surfing, LLC v. Great American E&S Ins. Co., 2014 U.S. App. LEXIS 21804 (9th Cir. Nov. 14, 2014) , [ enhanced version available to lexis.com subscribers ]. In Street Surfing , the Ninth Circuit affirmed the District Court’s ruling that a prior publication exclusion in a general...

The Greatest Coverage Mysteries

For whatever reason, there have long been issues that cause confusion or are mysterious among those involved with coverage. To be clear, I’m not talking about the debate whether faulty workmanship is an “occurrence” or the pollution exclusion should apply narrowly or broadly. Those...

When Does Assault & Battery Exclusion Apply? Assault & Battery Exclusion Easy to Prove When Patrons Shot

Places of public accommodation like bars, restaurants and hotels that serve alcoholic beverages are subject to rambunctious customers who may injure innocent customers. Insurers are loathe to insure risks where damage from assault or battery or the use of firearms and usually exclude such causes from...

Insured vs. Insured Exclusion – One Insured Can’t Get a Defense When Sued by Another Insured

Robert D. Redmond sued ACE American Insurance Company (“ACE”) after it refused to provide insurance coverage in connection with a civil suit Redmond’s former employer brought against him. The District Court dismissed Redmond’s complaint because the language of the insurance policy...

Court Rejects 10,000 Page Pollution Exclusion

When it comes to how insurers have fared in Indiana, in their attempts to enforce the pollution exclusion, they are the mouse inside the boa tank at the pet store. Ironically, it could be the exact opposite. All insurers have to do is draft the pollution exclusion using the simple instructions that the...

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District Court for the Northern District of New York...

To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claims

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Bituminous Casualty Corporation v. Plano Molding Company , 2015 IL App (2d) 140292, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ],the Illinois Appellate Court tackled one of the most misunderstood...

How the Pennsylvania Supreme Court's Decision in Mutual Benefit Will Affect Your Business Insurance Coverage

By Michael R. Kelley On May 26, 2015, the Pennsylvania Supreme Court handed down its much anticipated decision in Mutual Benefit Ins. Co. v. Christos Politsopoulos [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. The decision is good news for policyholders...

Appeals Court Swats Policyholders: Pollution Exclusion Applies To Flies

It has become difficult these days to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have many similarities. Does the exclusion apply narrowly and only to traditional environmental pollution? Or does it apply more broadly to all hazardous...

Court Stays Declaratory Relief Action Pending Resolution of the Underlying Action Based on a Finding that Application of Professional Services Exclusion Could Materially Impact the Underlying Action

In Golden Eagle , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California granted an insured’s motion to stay proceedings in a declaratory relief action pending the resolution of an underlying action because it found that the...

The Goofiest Coverage Case I Have Ever Seen

Some coverage decisions, addressing certain issues, never cease to amaze me. In fact, the more I see them the more my amazement grows. Acuity v. Reed & Associates, No. 15-2149, 2015 U.S. Dist. LEXIS 109412 (W.D. Tenn. Aug. 19, 2015), [subscribers can access an enhanced version of this opinion: lexis...

Third Circuit Holds No Coverage For Suits Alleging Improper Collection of Customer Data

In its recent decision in OneBeacon Am. Ins. Co. v. Urban Outfitters , 2015 U.S. App. LEXIS 16399, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ] (3d Cir.), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...

California Courts Maintain Position that EPL Policies Afford No Indemnity Coverage for Wage and Hour Claims

While some EPL policies explicitly provide defense coverage for wage and hour suits subject to a sublimit, virtually all EPL policies exclude indemnity coverage for wage and hour claims. Nonetheless, given the substantial rise in wage and hour class actions being brought in California, and the significant...