Scott Galla

Scott Galla

Cozen O'Connor

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Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp....more

7/17/2014 - Disclaimers Duty to Defend Insurers Property Damage

What is the Scope of the FTC’s Authority When it Comes to Data Security? Wyndham Asks Third Circuit to Consider

In early July, Wyndham Hotels asked the Third Circuit Court of Appeals to decide whether the Federal Trade Commission (FTC) has the authority to oversee corporate data security. Although the FTC has brought dozens of actions...more

7/15/2014 - Administrative Authority Cybersecurity Data Protection FTC FTC v Wyndham Unfair or Deceptive Trade Practices Wyndham

Raising “Cane” in Labeling Claims

Class action plaintiffs again allege that the labeling on Chobani’s Greek yogurt violates FDA regulations and misleads consumers, even though a federal court in California dismissed a similar labeling class action earlier...more

7/2/2014 - Chobani Inc Class Action FDA Food Labeling Marketing

Proposed Changes to Federal e-Discovery Rules

Proposed changes to the Federal Rules of Civil Procedure (Rules) may impact the management, scope and sanctions related to e-discovery in federal courts. The changes are aimed at encouraging early and active case management,...more

8/28/2013 - Federal Rules of Civil Procedure Proposed Regulation

NY Court to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable...more

6/17/2013 - Duty to Defend Indemnification Insurers Policy Limits

Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, “It Depends.” Two recent federal court decisions –...

Intermodal Equipment Logistics, U.S. District Court for the Southern District of Texas - Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even...more

11/15/2012 - Appraisal Awards Bad Faith Hurricane Ike

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

On October 12, 2012, the Ohio Supreme resolved a longsimmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought...more

10/19/2012 - Appeals Commercial General Liability Policies Construction Defects Occurrence Property Damage

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