Suzanne Meintzer

Suzanne Meintzer

Wilson Elser

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Montana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice

On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule...more

6/10/2015 - Commercial General Liability Policies Construction Defects Denial of Insurance Coverage Late Notices MT Supreme Court Prejudice

Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data

In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information...more

5/20/2015 - Commercial General Liability Policies CT Supreme Court Data Breach IBM Insurance Litigation

Allegations of Purposeful Data Withholding Do Not Trigger Cyber E&O Coverage

In Travelers Property Casualty Co. of America v. Federal Recovery Servs., Inc., Case No. 2:14-CV-170 TS (D. Utah May 11, 2015), the United States District Court for the District of Utah held that where a cyber liability...more

5/13/2015 - Cyber Insurance Duty to Defend Travelers Property Casualty Co.

Colorado Supreme Court: Late Notice Inexcusable under Claims-Made Policies

Facts - In Craft v. Philadelphia Indemnity Ins. Co., 2015 CO 11 (Colo. Feb. 17, 2015), Craft was the principal shareholder and president of two entities to which Philadelphia issued claims-made directors and officers...more

2/24/2015 - Claims Made Policy CO Supreme Court D&O Insurance Insurance Litigation Late Notices Merger Agreements

California Appellate Court Finds No Malicious Product Tampering Coverage for Westland’s Ground Beef

In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased Westland/Hallmark Meat Company’s (Westland’s) ground beef as an ingredient to be used in its José Olé® frozen food products. On January 30, 2008, the U.S....more

2/11/2015 - Food Manufacturers Food Recalls Food Safety Insurance Litigation Policy Limits USDA

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s...

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows...more

12/11/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Industry Construction Project Design Defects Duty to Defend General Contractors Occurrence Property Damage Property Insurance

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag

Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered - The Colorado Court of...more

9/27/2013 - Bad Faith Commercial General Liability Policies Damages Notice Prejudice Rule Prejudice Rebuttable Presumptions

Lives and Businesses Interrupted by Rocky Mountain Floods

Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a...more

9/19/2013 - Business Interruption Flood Insurance Flood Zones Flooding Property Damage State of Emergency

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