Commercial Real Estate Insurance Civil Remedies

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Interrupted by Sandy

In Johnson Gallagher Magliery, LLC v. The Charter Oak Fire Insurance Company, 2014 WL 1041831 (S.D.N.Y. Mar. 18, 2014), the United States District Court for the Southern District of New York, granting a motion for partial...more

Insureds Must Exhaust Coverage From Solvent Insurers

On September 24, 2013, the New Jersey Supreme Court ruled that policyholders must look to its solvent insurers before seeking benefits from the New Jersey Property-Liability Insurance Guaranty Association (“Guaranty...more

Connecticut Supreme Court Determines Damage Caused by Unintended Faulty Work Constitutes Property Damage Resulting from an...

Jurisdictions are split over whether defective construction can give rise to an occurrence under commercial general liability insurance policies. Some jurisdictions have held that faulty workmanship cannot constitute the...more

Oregon Senate Bill 814 Regarding Environmental Claims Handling Regulations Signed into Law

On June 10, 2013, the governor of Oregon signed into law Senate Bill 814, creating sweeping reforms on environmental claims-handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Hurricane Sandy's Civil Authority Issues Bear Watching by Reinsurers

As both insurers and reinsurers are well aware by now, the destructive path left by Hurricane Sandy in many Northeast states such as New York, Connecticut, and New Jersey was devastating. To date, reports have estimated...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

Insurance and ADA Public Accommodations Claims

Title III of the Americans with Disabilities Act (ADA) requires that businesses which offer goods and services to the public (i.e. “public accommodations”) take steps to ensure that their facilities are accessible to...more

Losses Caused by Hurricane Isaac: Insurance Coverage Considerations

Hurricane Isaac made landfall in Louisiana as a Category 1 hurricane on August 28 and 29. Although not nearly as powerful as Hurricane Katrina, which devastated the Gulf Coast region seven years earlier, Isaac was slow moving...more

Supreme Court of Georgia Allows Recovery of Damages for Diminution of Value Under Real Property Policy

In Royal Capital Development LLC v. Maryland Cas. Co., ___ S.E.2d ___, 2012 WL 1909842 (Ga. May 29, 2012), the Supreme Court of Georgia, on a certified question for the U.S. Court of Appeals for the Eleventh Circuit, held...more

Weekly Law Resume - May 17, 2012: Insurance Coverage – Contribution Action – Self Insured Retention

Axis Surplus Insurance Company v. Glenco Insurance Ltd Court of Appeal, Fourth District (April 11, 2012) When an action for equitable contribution is brought by a settling insurer against a non-participating carrier, the...more

Drilling a Dry Well Is Not an Occurrence Under a CGL Policy

In PPI Technology Services, LP v. Liberty Mut. Ins. Co., 2012 WL 130389 (S.D. Tex. Jan. 17, 2012), the Southern District of Texas held that there was no "occurrence" of covered "property damage" arising from underlying claims...more

Lack of Control by Insured Over Related Companies Results in Denial of Coverage

In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more

Second Circuit Affirms Dismissal of Proposed Class Action Over Reimbursement Practices for Property Damage

United States Court of Appeals for the Second Circuit In Woodhams v. Allstate Fire & Cas. Co., 2012 U.S. App. LEXIS 3 (2d Cir. N.Y. Jan. 3, 2012), the Second Circuit Court of Appeals affirmed the dismissal of a proposed...more

Alabama Court Finds that Insured’s Claim is Barred by Late Notice

In American Western Home Ins. Co. v. Reese, 2011 U.S. Dist. LEXIS 122805 (October 20, 2011), the U.S. District Court for the Southern District of Alabama held that coverage for a Hurricane Katrina damage claim was barred by...more

Commercial Betterment: Why client money shouldn´t grow on trees.

Conventional Damages analyses are further complicated in cases of commercial loss where the compensation of the loss may result in a net gain to the Plaintiff. The law in Ontario as laid out by the Court of Appeal in James...more

Earthquake and Tsunami in Japan – Global Impact

The extraordinary images and reports of the devastation from the Japan earthquake and tsunami are staggering. While the focus has understandably and appropriately been on the human toll and concern for the well-being of...more

Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries...

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to...more

Theoretical Allegations of Property Damage Do Not Trigger the Duty to Defend

U.S. Court of Appeals for the Seventh Circuit In Amerisure Mut. Ins. Co. v. Microplastics, Inc., --- F.3d ---, 2010 WL 3619785 (7th Cir. Sept. 20, 2010), the U.S. Court of Appeals for the Seventh Circuit held that...more

Insured’s Income During Partially Resumed Operations Reduces Charges and Expenses Claim

U.S. Court of Appeals for the Fifth Circuit In Consolidated Companies, Inc. v. Lexington Ins. Co., ____ F.3d ___, 2010 WL 3223137 (5th Cir. (La.) Aug. 17, 2010), the U.S. Court of Appeals for the Fifth Circuit held that an...more

Barrett v Watkins

Defendant's Motion for Summary Judgment

Note that I received prior permission from my client to post this document which is part of a public court file in Sullivan County New York. This is a motion I filed for summary judgment on behalf of my client, defendant...more

Stay Out Of This Domain: Court of Appeal Rejects Insured's Suit Against Insurer For Failure To Defend Condemnation Action Charging...

Public agencies throughout the State are permitted to deduct environmental clean-up costs from their determination of the just compensation offered to private property owners whose properties are being acquired through...more

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