Michael McNaughton

Sedgwick LLP

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Minding Your (Policy) Language – Indiana Supreme Court Certifies Pro Rata Allocation Ruling From Lower Court

Courts have struggled between two approaches on how to allocate damages when multiple, consecutive CGL policies have been triggered in situations involving continuous injury or property damage. The majority approach, pro rata...more

5/28/2015 - Commercial General Liability Policies Commercial Insurance Policies Continuous Trigger Theory Damages IN Supreme Court Joint and Several Liability Pro Rata Allocation Rule

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

10/17/2014 - Class Action Declaratory Judgments Duty to Defend Insurers Outside Counsel Settlement TCPA Unsolicited Faxes

Nebraska Appellate Court Gets Down to Earth to Hold That Faulty Workmanship Standing Alone Is Not An “Occurrence”

The insurance and construction industries have disagreed about coverage claims involving faulty workmanship for many years. Contractors believe their CGL insurance policies should always cover property damage caused by...more

9/25/2014 - Commercial General Liability Policies Construction Industry Contractors Faulty Workmanship General Contractors Insurers Occurrence Property Damage

Despite Limited Jurisdiction, Texas Federal Court Keeps the Class in Class Action

The forum selection battle between insurance carriers and policyholders over whether litigation should be conducted in state or federal courts remains as contentious as ever. Litigants on both sides know forum shopping...more

10/7/2013 - Class Action Forum Shopping Insureds Jurisdiction Removal

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