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Appeals Court Rules Umbrella Carrier Must Defend Insured

By Amanda Hairston, Associate, Farella Braun + Martel In what appears to be the first published California decision on the issue, the Second District Court of Appeal recently held that a carrier must defend its insured when the claim may not be covered by the primary policy and “potentially”...

Illinois Court Addresses Liquor Liability Exclusion

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Netherlands Insurance Co. v. Phusion Projects, Inc., 2012 U.S. Dist. LEXIS 5222 (N.D. Ill. Jan. 17, 2012) , the United States District Court for the Northern District of Illinois had occasion to consider...

A Primer for Managing Risks

(Lexis.com subscribers may access the cases below by clicking on the links) By Verne A. Pedro, Special Counsel, Goldberg Segalla LLP Injured visitors, faulty construction, mold, critters, fire, natural disasters-businesses face substantial risks from a host of potentially devastating unforeseen...

No Surprise – Raw Sewage Is A Pollutant

By Barry Zalma, Attorney and Consultant The Colorado Court of Appeal was called upon to determine whether an "absolute pollution" exclusion (APE) applied to a suit for bodily injuries exposed to raw sewage. Plaintiffs, Shadi Figuli, Joshua Figuli, and Jean Chu, appealed the district court's...