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‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’...

The New York Court of Appeals, the state’s highest court, recently rejected an attempt to apply the “common interest doctrine,” an exception to the general rule that communicating privileged information to a third party...more

Hurricane Season: Time to Determine Whether You're Covered for Weather

June 1 brings the beginning of the 2016 hurricane season. These storms have the potential to cause devastating damage for companies who own property such as apartment buildings, hotels, factories, retail outlets, warehouses...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

Late Notice: An Increasingly Dangerous Insurance Trap

The New Jersey Supreme Court recently issued its decision in Templo Fuente Vida Corp., et al. v. National Union Fire Ins. Co., (No: A-18-14)(074572), which may prove to deprive unwary insureds of valuable insurance coverage...more

Third Circuit Holds That Terms of Insurance Policy Renewal 'Must be the Same or Nearly the Same as the Initial Contract'

Recently, in a case involving the interpretation of a Pollution and Remediation Legal Liability Policy (the “Policy”), the U.S. Court of Appeals for the Third Circuit held that “for a contract to be considered a renewal, it...more

The Pennsylvania Supreme Court Issues Its Landmark Ruling in Babcock

On July 21, 2015, the Pennsylvania Supreme Court issued its much-anticipated decision in Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., No. 2 WAP 2014 (Pa. July 21, 2015). The court resolved an issue...more

Sorry, But Your Reservation Has Been Cancelled: How an Insurance Company’s Failure To Give Proper Notice of Its Reservation of...

Most courts hold that an insurance company will not be estopped from denying coverage, even if the insurance company participates in the defense, provided it gives timely notice to the policyholder through a reservation of...more

The Pennsylvania Superior Court Continues to Muddle the Answer to the Question of When Faulty Workmanship is an “Occurrence” Under...

Pennsylvania courts continue to struggle with complex concepts underpinning when faulty workmanship can be an “occurrence” triggering coverage under Commercial General Liability (“CGL”) policies. In Kvaerner Metals Division...more

Another Listeria Outbreak Reminds Food Industry to Revisit Insurance Program

On December 19, the U.S. Centers for Disease Control and Prevention (CDC) recommended that U.S. consumers not eat any commercially produced, prepackaged caramel apples and that retailers not sell or serve them as they...more

Indalex: The Pennsylvania Supreme Court Rejects Insurer’s Request for Review

On September 18, 2014, the Pennsylvania Supreme Court rejected the insurer’s attempt to reverse last year’s favorable ruling in Indalex Inc. v. National Union Fire Insurance Co. of Pittsburgh PA, 83 A.3d 418, 421 (Pa. Super....more

Indalex: The Pennsylvania Superior Court Rejects Insurers' Attempts To Deny Coverage for Negligence Actions Involving 'Faulty...

On December 3, 2013, the Pennsylvania Superior Court issued its opinion in Indalex Inc. v. National Union Fire Insurance Co. of Pittsburgh PA, holding that insurance coverage is available to product manufacturers for...more

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...more

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