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Insurance Recovery Law -- December 2014

Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker - Why it matters: An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more

Partial Recall: Product Contamination Coverage Has Its Limits

In disputes over the scope of liability coverage, courts must often draw a line between (1) providing insurance against errors that harm others and (2) broadly guaranteeing the work product of the insured. The problem is...more

EuGH: Einzelhändler können für Belastungen von in Verpackungen geliefertem Geflügelfleisch verantwortlich sein

Der EuGH urteilte, dass ein ausschließlich auf der Vertriebsstufe tätiger Unternehmer für das Inverkehrbringen von nicht zum Verzehr geeigneten Lebensmittel zur Verantwortung gezogen werden kann. Der Einzelhandel sollte sich...more

Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims

Businesses facing catastrophic losses, whether as a result of an accident or a natural disaster, or due to mass tort claims, frequently will engage both their insurance broker and legal counsel to identify and pursue...more

Alert: Ninth Circuit Expands the Limits of Post-Confirmation Injunctions and Non-Debtor Releases Under A Chapter 11 Plan

For years, it has been the rule in the Ninth Circuit that a chapter 11 plan cannot discharge or otherwise affect the obligation of a non-debtor owed to a third party. This view interprets section 524(e) of the Bankruptcy...more

A “Good” Deed Goes Unpunished

Alabama Supreme Court Rejects “Good Samaritan” Liability in Gray Market Case - Last month, I wrote about the “Good Samaritan” rule, codified in Restatement (Second) of Torts, section 324A, “Liability to Third Persons...more

Untouchable? – New York Court Rules that Policyholders Have No Claims against Reinsurer (NICO) or Third-Party Claims Administrator...

In recent years, more than two dozen insurance companies, including Liberty Mutual, AIG, and CNA, have entered into reinsurance arrangements with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway Inc....more

Maryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise...

Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air &...more

Testing Texas CGL Coverage For 3rd Party Products

On Sept. 19, the Fifth Circuit certified four questions to the Texas Supreme Court regarding coverage under a commercial general liability policy in U.S. Metals Incorporated v. Liberty Mutual Group Incorporated, No. 13-20433,...more

Pennsylvania Supreme Court Declines To Review Pro-Policyholder Decision; Contrary Arguments Possible

For years, product manufacturers relied on commercial general liability policies to defend and indemnify them for product liability claims. Although these policies may exclude coverage for pure economic loss or for damage to...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and...more

Food Litigation Newsletter - September 2014

In This Issue: - Recent Significant Developments And Rulings ..Voluntary Dismissal in Frito-Lay Pretzel Case ..Court Denies Motion to Dismiss in Florida "Natural" Action ..Court Embraces Standing...more

Indalex: The Pennsylvania Supreme Court Rejects Insurer’s Request for Review

On September 18, 2014, the Pennsylvania Supreme Court rejected the insurer’s attempt to reverse last year’s favorable ruling in Indalex Inc. v. National Union Fire Insurance Co. of Pittsburgh PA, 83 A.3d 418, 421 (Pa. Super....more

LITIGATION ALERT: Texas Supreme Court Limits the Application of the Economic Loss Rule

In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the...more

Food Litigation Newsletter - August 2014 #2

In This Issue: - Recent Significant Rulings ..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action ..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims ..Court Dismisses...more

The Absolute Pollution Exclusion May Not Be That “Absolute”

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position...more

Insurance Recovery Law - August 2014

“Contractual Liability” Exclusion Applies Only To An Insured’s Assumption of Another’s Liability - Why it matters: The Michigan Court of Appeals joined the majority of courts nationwide in holding that a...more

Home or Away? Where Should That Deposition Take Place?

When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that...more

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed...more

No Coverage Under Aviation Policies Where Product Was Not Used in Connection With Aircraft or Aviation Operations

Superior Court of New Jersey, Appellate Division - A New Jersey appellate court affirmed an order granting summary judgment, stating that the insurer owed no duty to defend or indemnify its insured in a personal injury...more

A Five-Step Recipe for Managing Your “Natural” Litigation Risk

The past five years have brought a deluge of class actions challenging the way in which the word “natural” is used on food and beverage labels. Perhaps predictably so, this litigation phenomenon resulted from the convergence...more

Supreme Court: FDCA Compliance Does Not Bar Lanham Act Claims

POM Wonderful LLC v. Coca-Cola Co. - In a unanimous decision, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Ninth Circuit ruling that the Food, Drug, and Cosmetic Act (FDCA) and its...more

Eleventh Circuit: Excess Insurer, Like All Florida Bad Faith Claimants, Must Prove Causation to Succeed on Bad Faith Claim Against...

Westchester Fire Insurance Co. v. Mid-Continent Casualty Co., No. 13-12932, 2014 WL 2766764 (11th Cir. Jun. 19, 2014) - The Eleventh Circuit finds that a primary insurer did not act in bad faith by failing to inform...more

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