John Ellison

John Ellison

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As the Snowfall Comes to an End, Buffalo, New York Area Businesses Should Seek To Protect Their Insurance Rights

The Buffalo, New York, area has been devastated with record-setting levels of snowfall. In just a few days, the area has received a year’s worth of snow, with more than seven feet in some places. The heavy snow has led to...more

11/26/2014 - Business Interruption Flooding Insurers Property Damage Water Damage

As Fear of Ebola Widens, Corporate Policyholders Seek To Prevent Loss While Insurers Seek To Exclude Loss

In response to the widespread fear of Ebola, at least one insurance company is seeking to protect itself from potentially significant financial loss in the event Ebola continues to spread beyond Africa by adding...more

10/24/2014 - Casualty Insurance Ebola Insureds Insurers Policy Exclusions Property Insurance

Financial Cost of Ebola Crisis Sparks Insurance Coverage Questions

Ebola has become a worldwide crisis. It has ravaged Liberia and other West African countries. It has been diagnosed in Europe. And, cases are now being reported in the United States. While the cost to human life is...more

10/17/2014 - Commercial General Liability Policies Ebola Insurers Liability Insurance Scope of Coverage

Disaster and Business Interruption Coverages in the Wake of the Polar Vortex

The “Polar Vortex” created severe cold weather conditions and record low temperatures across most of the United States. Many businesses suffered property damage or loss of business as a result of weather-related shut downs,...more

1/20/2014 - Business Interruption Insurers Natural Disasters Polar Vortex Property Damage

Lennar Corp., et al. v. Markel Am. Ins. Co., No. 11-0394 (Tex. Aug. 23, 2013): Texas Supreme Court Affirms 'All Sums' Allocation...

On August 23, 2013, in Lennar Corp., et al. v. Markel Am. Ins. Co., the Texas Supreme Court issued an opinion that confirms two important aspects of pro-policyholder insurance law, despite insurers’ repeated attempts to...more

8/28/2013 - Construction Defects Construction Disputes Insureds Insurers Prejudice Voluntary Payments

Unprecedented Flooding in Alberta, Canada: Insurance Coverage for Property Damage, Loss of Business Income and Extra Expenses

Three days of unusually heavy rainfall has caused extensive flooding in Alberta, Canada. Calgary, the epicenter of Canada’s energy industry, was particularly hard hit, with flooding of the city itself and widespread loss of...more

7/1/2013 - Business Income Business Interruption Canada Flooding Insurers Loss Coverage Property Damage

New York Court of Appeals Embraces a More Policyholder – Friendly Stance on Insurer’s Duty to Defend

Policyholders received a boost of support from a New York Court of Appeals on Tuesday when the court held that an insurer is precluded from using policy exclusions as a means to escape its duty to indemnify a claim if it...more

6/18/2013 - Duty to Defend Indemnification Insurers Policy Exclusions

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more

4/2/2013 - CERCLA Contamination Duty to Defend Environmental Liability Insurers Pollution Exclusion

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more

2/6/2013 - CERCLA Contaminated Properties Discharge of Pollutants Duty to Defend Environmental Liability Insurers Pollution Exclusion Waste Treatment Facilities

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