LexisNexis® Legal Newsroom
Michigan Court Holds No Coverage Under Successive UST Policies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Webb Operating Co. v. Zurich American Ins. Co ., 2011 U.S. Dist. LEXIS 73675 (E.D.Mich. July 8, 2011) , the United States District Court for the Eastern District of Michigan had occasion to consider whether...

CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated

In Atain Speciality , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until after...

Sealed, Unserved Complaint Not Considered a Claim First Made During the Policy Period

In Braden P’ship, LP v. Twin City Fire Ins. Co. , the Northern District of California found that, under a general partners liability policy, a sealed and unserved complaint was not “first-made” against insured partner during the policy period, as the policy provided that a claim is...

Claimant’s Assignee Unable to Pursue Breach of Contract Claim against Carrier Because the Claimant Did Not Assert His Claim during the Policy Period

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make a claim against the insured attorney during the policy...