Michael Hamilton

Michael Hamilton

Nelson Levine de Luca & Hamilton

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Disparate No Longer: California Supreme Court Resolves Split in Approach to Product Disparagement Coverage

Over the past 10 years, there has been an increase in lawsuits between business competitors, with claims that one business is unfairly gaining a competitive advantage over the other. These cases, involving allegations of...more

6/19/2014 - Commercial General Liability Policies Disparagement Trademark Litigation Trademarks

Connecticut Appellate Court Affirms Denial of Coverage Under CGL Policy for Data Breach

As more data breaches and information security events occur, the insurance industry will see more disputes over whether losses from these events are covered under commercial general liability (CGL) policies. In the latest...more

1/17/2014 - Big Data Commercial General Liability Policies Cybersecurity Data Breach Data Protection IBM Information Security Internet Privacy Liability Insurance Notice Requirements Personally Identifiable Information

Class Action Litigation: A Look at What is Ahead in 2014

2013: The Year in Review - Supreme Court Issues Two Notable Opinions on Class-Wide Arbitration - The United States Supreme Court issued two opinions in 2013 recognizing that class-wide arbitration will...more

1/16/2014 - American Express v Italian Colors Restaurant Arbitration Ascertainable Class CAFA Class Action Class Action Arbitration Waivers Comcast v. Behrend FRCP 23(b)(3) Mississippi ex rel. Hood v. AU Optronics Oxford Health v Sutter Parens Patriae SCOTUS

The Fuss Over Fracking: An Examination of the Insurance Issues Associated with Hydro-Fracking

Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more

12/27/2013 - Class Action Concurrent Causation Contribution Claims Earthquakes First-Party Coverage Fracking FRCP 23(b)(3) Indemnification Negligence Occurrence Pollution Exclusion Property Damage Property Insurance Strict Liability Third-Party Liability Trespass

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

12/27/2013 - Fracking Oil & Gas Permits Preemption

2013 Review Of 3rd-Party Pollution Exclusion Decisions

Decades after its inception, the liability insurance policy’s pollution exclusion remains a much-litigated area of insurance law. In the third-party liability context, the provision precludes coverage for injury or damage...more

12/16/2013 - Chinese Drywall Contamination Discharge of Pollutants Lead Paint Liability Insurance Pollution Exclusion Third-Party Liability

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