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The Causation Question in Property Insurance – New Appleman on Insurance Law Library Edition, Chapter 44

By Marc J. Shrake, Attorney Section 44.01 provides a framework for analyzing causation questions in property insurance policies. It acknowledges the brain-twisting nature of "causation" throughout history, encompassing not only philosophy and insurance law, but also the most common human...

Does a D&O Policy That Expressly Covers Antitrust Claims Exclude Antitrust Damages?

By Seth Lamden According to the court in William Beaumont Hospital v. Federal Insurance Co ., No. 13–1468 (6th Cir. Jan. 16, 2014) [ enhanced version available to lexis.com subscribers ], the answer is "no." The court in that case held that a hospital's settlement of a private...

Ammonia Spill Constitutes "Direct Physical Loss or Damage" Under Property Insurance Policy, US District Court in NJ Finds

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District of New Jersey has found that a discharge of ammonia...

Ninth Circuit Holds Known Loss Language Inapplicable

In Kaady v. Mid-Continent Casualty Company , 2015 U.S. App. LEXIS 10754 (9th Cir. June 25, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States Court of Appeals for the Ninth Circuit, applying Oregon law, had opportunity to consider the meaning...