BROOKLYN, N.Y. - Because a policy clearly provides for a maximum of $100,000 in coverage for cleanup and removal of the discharge of a pollutant caused by a "peril" that occurs during a policy period, the maximum amount of coverage available to an insured seeking coverage for the release of gasoline from an underground storage tank at its service station is $100,000, the Second Department Appellate Division of the New York Supreme Court said April 15 (L & D Service Station, Inc., v. Utica First Insurance Co., et al., No. 2013-05805, N.Y. Sup., App. Div., 2nd Dept.; 2015 N.Y. App. Div. LEXIS 3084).
SAN FRANCISCO - A California federal judge on April 14 found that an administrative law judge erred when he discounted the severity of a woman's mold-related and other ailments, remanding the case for further review (Luba Yesipovich v. Carolyn W. Colvin, acting commissioner of social security, No. 15-00112, N.D. Calif.; 2015 U.S. Dist. LEXIS 49799).
WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 14 authorized a creditors' committee in the Chapter 11 case of Energy Future Holdings Corp. (EFH) to hire an asbestos noticing expert to evaluate the debtor's proposed procedures for notifying asbestos personal injury claimants of a bar date for their claims (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).
PHOENIX - An Arizona Court of Appeals panel on April 14 affirmed a trial court judge's ruling finding that lawsuits brought by a condominium association and doctors who purchased units for their office space were barred by the state's two-year statute of limitations for negligence claims, holding that the plaintiffs were aware of the defects more than two years before filing suit (Aprajita Nakra DPM PC, et al. v. Porter Brothers Inc., No. 1 CA-CV-13-0739, Ariz. App., Div. 1; 2015 Ariz. App. Unpub. LEXIS 486).
CORPUS CHRISTI, Texas - Allegations of an insured's defective work are precluded under a commercial general liability insurance policy's "your work" and subsidence exclusions, a Texas appeals panel affirmed April 16, finding no duty to defend or indemnify (Adolfo Vela d/b/a Adelco Enterprises v. Catlin Specialty Insurance Co., et al., No. 13-13-00475, Texas App., 13th Dist.; 2015 Tex. App. LEXIS 3743).
NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co.).
TALLAHASSEE, Fla. - A settlement proposal rejected by the plaintiff in a medical malpractice case did not meet the requirements under Florida law for an award of attorney fees and costs to the defendant following the entry of a defense verdict, the Florida Supreme Court ruled in a split decision April 16 (Ancel Pratt Jr. v. Michael C. Weiss, D.O., et al., No. SC12-1783, Fla. Sup.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 16 found that a district court erred in finding that an arbitration award violated public policy, reversing a decision that refused to enforce the award in a case filed by a seaman, who alleged that he was injured aboard a vessel (Lito Martinez Asignacion v. Rickmers Genoa Schiffahrts, No. 14-30132, 5th Cir.; 2015 U.S. App. LEXIS 6245).
AKRON, Ohio - Allegations that a trademark infringement and dilution lawsuit is barred by the doctrine of res judicata were rejected April 16 by an Ohio federal judge (TSDC LLC v. Antoinette Galvan and Gloria Galvan, No. 14-2699, N.D. Ohio; 2015 U.S. Dist. LEXIS 50348).
PHILADELPHIA - Factual questions remain as to whether an insurer had a duty to defend an additional insured against allegations of negligent construction and failure to warn, a Pennsylvania federal judge ruled April 14 (Citizens Insurance Company of America v. Selective Way Insurance Co., No. 14-6232, E.D. Pa.; 2015 U.S. Dist. LEXIS 49840).
LAS VEGAS - Dismissal of an insurance bad faith lawsuit is proper, a federal judge in Nevada ruled April 13, because an insured's claims are governed by the state's Division of Insurance, which has exclusive jurisdiction over the claims (Desiree DeCastro v. Progressive Northern Insurance Co., et al., No. 14-0983, D. Nev.; 2015 U.S. Dist. LEXIS 48273).
NEW YORK - A divided Second Circuit U.S. Court of Appeals panel on April 15 affirmed a federal district court's dismissal of a securities class action lawsuit, ruling that shareholders failed to state a claim for relief (IBEW Local Union No. 58 Pension Trust Fund and Annuity Fund v. The Royal Bank of Scotland Group PLC, et al., No. 13-3289, 2nd Cir.).
ST. LOUIS - A trial court properly applied the standards of Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 592-93 ) in partly excluding an insurer's expert report and in admitting a tubing firm's expert's testimony, an Eighth Circuit U.S. Court of Appeals panel ruled April 15, finding no error in the lower court's ruling (American Automobile Insurance Co. v. Omega Flex Inc., No. 14-1783, 8th Cir.; 2015 U.S. App. LEXIS 6091).
NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April 15 (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - A shipyard's motion to dismiss claims against a subsidiary involves merit issues and should be converted into a motion for summary judgment, a federal magistrate judge in Delaware said April 14 (Charles D. Malone and Elizabeth Malone v. Air & Liquid Systems Corp., et al., No. 14-406, D. Del.; 2015 U.S. Dist. LEXIS 48697).
DETROIT - A defendant's motion to compel a trademark infringement plaintiff to produce sealed documents from related litigation against nonparty NVE Inc. was granted April 15 by a Michigan federal judge (International IP Holdings LLC v. Green Planet Inc., No. 13-13988, E.D. Mich.; 2015 U.S. Dist. LEXIS 49363).
TYLER, Texas - A federal judge in Texas on April 14 sentenced a doctor found guilty of conspiracy to commit health care fraud, seven counts of health care fraud and seven counts of aggravated identity theft to 135 months in prison and ordered him to pay $599,128.02 in restitution (United States of America v. Tariq Mahmood, No. 13-cr-00032, E.D. Texas).
DENVER - A Colorado magistrate federal judge on April 14 denied motions for protective orders filed by insurers regarding underwriting files, reserves and reinsurance in a dispute arising from coverage in an underlying construction defect case (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 49502).
LEXINGTON, Ky. - A Kentucky federal judge on April 13 found that an injured worker's liability expert's report "lacks any methodology at all" and "is facially unreliable," leading him to grant a crane manufacturer's motion to strike (George Vincent Vaughn v. Konecranes Inc., et al., No. 5:14-cv-00136, E.D. Ky.; 2015 U.S. Dist. LEXIS 47855).
NEW YORK - A couple lacks evidence that a defendant purchased the asbestos-containing products in question or that it knew of the dangers of the products in question, a New York justice held in an opinion posted April 13 (John P. Carroll and Mary Carroll v. CBS Corp., et al., No. 190262/12, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1131).
CHARLOTTE, N.C. - Garlock Sealing Technologies LLC's proposed procedures for objecting to and disallowing claims of 2,333 people seeking payment for asbestos-related injuries under prepetition settlements with Garlock should be rejected because the procedures are one-sided, unreasonable and unnecessary in the face of more pressing litigation to determine if Garlock's plan of reorganization can be confirmed, the asbestos claimants' committee in Garlock's Chapter 11 case said April 13 in an objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).
HATTIESBURG, Miss. - A Mississippi federal judge on April 13 found that coverage for tornado damage to a building owned by the University of Southern Mississippi and leased to a nonprofit corporation is to be determined on a pro-rata basis according to the coverage limits of the university's policy and the nonprofit's policy and that the $500 million total limit of the university's policy is to be used in the pro-rata calculation (Southern Insurance Co. v. Affiliated FM Insurance Co., et al., No. 13-263, S.D. Miss., Eastern Div.; 2015 U.S. Dist. LEXIS 48217).
CLEVELAND - An Ohio appeals court on April 16 affirmed a trial court's ruling to dismiss a property owner's claims, finding that trees on his neighbor's property that allegedly caused issues, including mold growth, did not constitute a nuisance (David Rababy v. Roy C. Metter, No. 101445, Ohio App., 8th Dist.; 2015 Ohio App. LEXIS 1410).