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Goldgerg Segalla’s Professional Liability Monthly – February, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers ERIC C. RAJALA v. LOOKOUT WINDPOWER, LLC (D.Kansas, February 4, 2011) [ lexis.com ] Civil RICO Claims Fail...

Goldberg Segalla's Professional Liability Monthly - April 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers BRYAN BROS., INC. v. CONTINENTAL CASUALTY CO. (4th Cir. March 24, 2011) [ Lexis.com / LexisONE ] Court Deems...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted in an excess judgment and a bad faith claim that...

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become...

Supreme Court of Washington Holds Carrier Cannot Sue Defense Counsel

In its recent decision in Stewart Title Guar. Co. v. Sterling Sav. Bank , 2013 Wash. LEXIS 769 (Wash. Oct. 3, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Washington had occasion to consider whether an insurer can pursue a malpractice action against counsel in connection...

Sued For Good Work – Expert Required to Establish Agent’s Negligence

Insurance agents and brokers are insurance professionals whose actions in placing insurance require compliance with the standards of practice and skills of an insurance broker which are not necessarily matters of common knowledge. Under Pennsylvania law, and all of the United States, an insurance broker...

Mississippi Supreme Court Provides A Clinic In Plain Meaning To Preclude Coverage [Yes, Mississippi]

It is routine for a court, setting out to resolve an insurance coverage dispute, to begin its opinion by laying out the rules that will determine its decision. And it is likely that, somewhere in the court’s recitation, will be a statement that its most important consideration is to be the language...

Policy Needs Void For Fraud Language – Fake Doctor & Innocent Co-Insureds

Medical malpractice insurance is designed to protect doctors who accidentally cause injury to their patients. The insurance policy is issued based upon the truth of facts reported in applications for insurance. In Evanston Ins. Co. v. Watts , Slip Copy, 2014 U.S. Dist. LEXIS 140227 (D.S.C., Oct. 2, 2014...

The 10 Most Significant Liability Coverage Cases – Of All Time

I have spent fourteen years coming up with a list of the ten most significant liability coverage cases of that year. In all that time it never occurred to me, until now, to put together a list of the ten most significant coverage cases of all-time. These would be the cases, more than any others, that...

A Rare Narrowing Of The Consumer Fraud Act's Scope: Medical Malpractice Insurance Not Covered

By Peter J. Gallagher ( @pjsgallagher ) It is not every day that a New Jersey court limits the scope of the New Jersey Consumer Fraud Act (“CFA”), [ enhanced version available to lexis.com subscribers ], so when one does, it is worth writing about. Anyone who litigates in New Jersey...

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...

What Could Have Been: Court Holds That Policy With Eroding Limits Does Not Violate Public Policy

Westport Insurance Company v. Mylonas, No. 14-5760 (E.D. Pa. July 15, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], is one of those cases involving a very interesting issue -- but that will likely go by the wayside with nary a peep ever to heard from...

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider...

Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor, no coverage is owed to the insured if the sub-contractor...