General Business Personal Injury

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Appellate Court Rules On Loss Allocation And Notice Disputes Concerning Reinsurance Claim

A New York appellate court affirmed the denial of summary judgment but with modifications. New Hampshire Insurance Company (“New Hampshire”) together with other insurers, settled with Kaiser Aluminum & Chemical Corporation...more

Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy - Nationwide Mutual Insurance Co. v. Gum Tree...

Finding that the specific allegations made in a plaintiff’s civil petition filed against an insurance policy holder did not meet the specifications of the insured’s policy, the U.S. Court of Appeals for the Fifth Circuit...more

Florida High Court Rules that Exculpatory Clauses Need Not Reference Negligence to Bar Negligence Claims

On February 12, 2015, the Florida Supreme Court affirmed the Fifth District Court of Appeal’s decision in Sanislo v. Give Kids the World, Inc., 98 So. 3d 759 (Fla. 5th DCA 2012) and held that an exculpatory clause was...more

Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

Texas Court Upholds Engineer’s Tort Duty to Third Parties

The Texas appellate decision recently confirmed that state’s general rules regarding the outer limits of common law tort liability arising from alleged construction defects. USA Walnut Creek, DST v. Terracon Consultants,...more

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

Zachry Construction Corp.: The End to Indemnity for Exemplary Damages?

In August 2014, the Texas Supreme Court decided Zachry Construction Corp. v. Port of Houston Authority of Harris County, 2014 WL 4472616 (Tex.). While the case involves construction issues—and specifically the enforceability...more

New Jersey Supreme Court Upholds “Fairly Debatable” Standard for Establishing Insurer Bad Faith for Uninsured Motorist Coverage

In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more

Cancellation and Delay Waive Right to Later Rescind Ab Initio

In DuBeck v. Cal. Physicians' Service (No. B250129, filed 3/5/15), a California appeals court held that Blue Shield’s initial decision to cancel a healthcare policy for application misrepresentations constituted a waiver of...more

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

Court Finds Potential for Personal Umbrella Coverage of Sexual Assault Not Covered by Underlying Homeowners Policy

In Gonzalez v. Fire Insurance Exchange (No. H039368, filed 2/5/15), a California appeals court ruled that a personal umbrella policy's broader coverage gave rise to a duty to defend sexual molestation allegations that were...more

Warning to NY litigators - What privilege attaches to pre-litigation attorney statements? NY appeals court answers: qualified

New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to...more

Release of Liability of Company’s Own Ordinary Negligence Valid

In Grebing v. 24 Hour (filed 1/29/15, Case No. B255866), the California Court of Appeal, Second Appellate District, upheld the validity of 24 Hour's release of liability for its own negligence and further affirmed that 24...more

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

Western District of Washington: No Bad Faith Where Insurer Refuses to Provide a Defense Where Facts Confirmed Insured’s Actions...

Wargacki v. W. Nat’l Assurance Co., No. C13-5373RBL, 2015 WL 74111 (W.D. Wash. Jan. 6, 2015). The U.S. District Court for the Western District of Washington grants summary judgment to an insurer ruling that the insurer...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Florida Supreme Court Holds That Exculpatory Clauses Are Not Required To Include The Terms “Negligence” Or “Negligent Acts” In...

The Supreme Court of Florida in Sanislo v. Give Kids the World, Inc., --- So. 3d ----, 2015 WL 569119 (Fla. Feb. 12, 2015), distinguished indemnity agreements from exculpatory clauses and declined to apply the specificity...more

Bank of Delmarva v. South Shore Ventures, LLC, Del. Super., C.A. No. S13C-05-008 THG (Oct. 21, 2014)

The Superior Court granted the Bank of Delmarva’s (“Bank”) motion for summary judgment as to each of Defendant John E. O’Brien’s (“Defendant”) counterclaims. In 2005, Defendant along with South Shore Ventures, LLC (“Shore”)...more

Texas Supreme Court Orders and Opinions (2/15)

Today, the Supreme Court of Texas issued opinions in two argued cases. The Court did not grant any new petitions or set any mandamus petitions for argument. ...more

And the Lawsuit Goes to . . . An Oscar-Time Guide to “Best Picture” Intellectual Property Litigation

The film that wins the Best Picture Oscar this year is certain to attract more viewers and more box office receipts than it had before receiving the award. But Best Picture winners also tend to attract more lawsuits,...more

State Insurance Regulators Target Insurers' Responses to Cyber-Attacks

Cyber-attacks are becoming increasingly common and destructive, with the recent incidents involving Sony and Anthem Blue Cross Blue Shield serving as cautionary tales. As a result, state insurance regulators are focusing on...more

OCIE Cybersecurity Risk Alert: Keep Your Data Close and Your Third-Party Providers Closer

On February 3, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that summarizes the OCIE’s observations from its recent examinations of registered...more

SEC and FINRA Issue Cyber Security “Alert”

The SEC and FINRA each issued February 3 cyber security “alerts” summarizing last year’s sweep exams and pointing out the obvious. In two parts, the SEC’s press-release covered the results of the Commission’s 2013-2014 sweep...more

Eleventh Circuit: Summary Judgment For Insurer Improper Where Fact Question Remained About Whether Insurer Acted In Bad Faith By...

Geico Gen. Ins. Co. v. Gould, No. 14-10913, 2014 WL 7013971 (11th Cir. Dec. 15, 2014) (per curium). The U.S. Court of Appeals for the Eleventh Circuit reversed a grant of summary judgment for an insurance company. It...more

Supreme Court of Missouri Reverses Grant of Summary Judgment for Primary Insurer on Insured’s and Excess Insurer’s Bad Faith...

Scottsdale Ins. Co. v. Addison Ins. Co., No. SC 93792 (Mo. Dec. 9, 2014). Supreme Court of Missouri rules in an en banc decision that neither an excess judgment nor a failure to pay policy limits are essential elements...more

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