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Cooking Grease Can Be A Pollutant

By Barry Zalma, Attorney and Consultant Christopher Roinestad and Gerald Fitz-Gerald, and Tim Kirkpatrick, D/B/A Hog's Breath Saloon & Restaurant ("respondents") were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog's Breath...

Neal, Gerber & Eisenberg LLP: Insurer’s Silence Does Not Evidence Consent For Purposes of Voluntary Payments Condition

by Andrew May In West Bend Mutual Insurance Co. v. Arbor Homes LLC , No. 12-2274 (7th Cir. Jan 8, 2013), ( lexis.com enhanced version of decision available ), the Seventh Circuit reaffirmed the critical importance of obtaining an insurer's consent before settling a case. The coverage action...

Farella Braun + Martel LLP: Protect Your Business With Cyber Liability Coverage

By Amanda Hairston, Senior Associate, Farella Braun + Martel LLP Many insurers are now offering "cyber liability" or "cyber risk" policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...

McCarter & English LLP on District Court Applies Maryland Law; Finds Coverage for Asphalt Spill Despite Absolute Pollution Exclusion

By Brian J. Osias and Michael Collins Smith, Attorneys, McCarter & English, LLP In Travelers Indemnity Co. v. MTS Transport , No. 11-cv-01567, 2012 U.S. Dist. LEXIS 127847 (W.D. Pa. Sep. 7, 2012), the federal court for the Western District of Pennsylvania demonstrated again the importance of a...

McNees Wallace & Nurick: Is That Covered - Jerry Sandusky

On March 1, 2013 the Federal District Court for the Middle District of Pennsylvania ruled that Jerry Sandusky is NOT entitled to insurance coverage under the Second Mile's Employment Practices Liability insurance policy for defense costs and attorneys' fees for both the criminal case and the...

Perkins Coie LLP on Denial of Coverage to Direct Action Statute Claimant for Failing to Report the Claim to the Insurer During the Policy Period Provides Reason to Review Notice Rules and Pertinent Recent Developments

By Stephen M. Feldman and Nicholas P. Gellert, Attorneys, Perkins Coie LLP Although the case arose within the unique framework of Louisiana's Direct Action Statute and was said to be an issue undecided by the Louisiana Supreme Court requiring an " Erie guess," the Fifth Circuit's...

Perkins Coie LLP on Fifth Circuit Holds That Terms of Insurance Policy, Not Indemnification Provision of Contract, Controls Coverage for BP in Deepwater Horizon Insurance Dispute

By James G. Bernald, Associate, Perkins Coie LLP Many different civil suits arose out of the April 2010 explosion of the Deepwater Horizon , a semi-submersible, mobile offshore drilling unit, and the resulting oil spill in the Gulf of Mexico. This commentary analyzes an important decision in one of...

DLA Piper – Australia: Insurance Review April 2013

Welcome to Insurance Review April 2013 , DLA Piper's publication dedicated to the insurance industry. In this edition we report on developments across the insurance industry, including the long-awaited amendments to the Insurance Contracts Act 1984 (Cth), the proposal to introduce unfair contract...

The Boston Bombing: Early Thoughts On Insurance Coverage

In the aftermath of the September 11th attacks, the insurance industry and federal government took a hard look at insurance coverage and put many provisions in place to address any future attacks. Thankfully, all of that work collected dust for over a decade. But the tragic Boston Marathon bombings changed...

D&O Insurance to Fund Entire "Largest Ever" $139 Million News Corp. Derivative Suit Settlement

In what the plaintiffs' lawyers claim to be the largest derivative lawsuit settlement ever, the parties to the News Corp. shareholder derivative litigation have agreed to settle the consolidated cases for $139 million. The company also agreed to tighten oversight of the company's operations and...

Smaller Companies Should Consider Cyber-Liability Insurance

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services Smaller companies increasingly are the subject of data breaches and those smaller companies "are the number-one target of cyber-espionage attackers," according to a recent study detailed in a April 24, 2013...

Neal, Gerber & Eisenberg LLP: Missouri Court Applies “All Sums” Allocation to Long-Tail Environmental Coverage Dispute

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers ], held that excess liability insurers were...

Traub Lieberman Insurance Law Blog: Oklahoma Court Addresses Time Element Pollution Exclusion

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the...