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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

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

Shutting Down a Capital City: How High Will Business Interruption Claims Go?

On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by...more

Recent Massachusetts Decision Applies Pro-Rata Allocation and Continuous Trigger to Progressive Injury Claims, Including Asbestos...

What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more

Illinois Appellate Court Endorses “All Sums” Allocation Rule for Asbestos Bodily Injury Losses under Excess and Umbrella Insurers

On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more

Policy Observer - January 2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...more

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Insuring Your Business -- October 2012

In This Issue: - What Law Applies When A Flood-Related Disaster Hits? - Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages. Excerpt from What Law Applies When A Flood-Related Disaster...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Missouri Federal Court Affirms Denial of Coverage Based on Pollution Exclusion

In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider...more

Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim

Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more

California Appellate Court Holds That Insurer Is Not Required to Show Proof of Prejudice to Deny Coverage Based On Failure to...

In Venoco, Inc. v. Gulf Underwriters Ins. Co., 2009 WL 1875640 (July 1, 2009), the Second District Court of Appeal affirmed a summary judgment entered in favor of Gulf Underwriters Insurance Company (“Gulf”) with regard to...more

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