LexisNexis® Legal Newsroom
Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

Troutman Sanders Wins Insurance Coverage Dispute in California Federal Court Proving that Crime Really Doesn’t Pay

By Eileen King Bower Troutman Sanders recently obtained summary judgment on behalf of Continental Casualty Company in an insurance coverage dispute in the Northern District of California, [ enhanced version available to lexis.com subscribers ]. In this case, the plaintiff, a court-appointed receiver...

Punitive Damages: Insurable In 38 States – The Sometimes Oversimplified Issue

It is a question that is uttered by claims professionals and coverage counsel on a regular basis: Are punitive damages insurable in such and such state? In essence, what the questioner is often asking is whether the particular state’s public policy permits a tortfeasor to insure against punitive...

New York Court Enforces Voluntary Payment Provision

In its recent decision in SI Venture Holdings, LLC v. Catlin Specialty Insurance , 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States District Court for the Southern District of New York had...

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...

Pollution Liability: Insurance Policy And Public Policy

Tapas: Small Dishes of Insurance Coverage News & Notes A New York federal court, addressing an issue of first impression, held in SI Venture Holdings, LLC v. Catlin Specialty Ins., No. 14-2261 (S.D.N.Y. July 10, 2015), [subscribers can access an enhanced version of this opinion: lexis.com ...