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Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

by Carlton Fields on

Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

Environmental Notes - May 2017

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Federal Court Dismisses Some of Seattle’s PCB Tort Claims

by Beveridge & Diamond PC on

In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more

Position Accepted By Trial Court, And By Court Of Appeals, Was Insurance Company Bad Faith: Washington Supreme Court

by Butler Snow LLP on

The Washington Supreme Court just handed a defeat to Washington State liability insurers, holding that ProBuilders Specialty Insurance Company had a duty to defend a carbon monoxide poisoning case, notwithstanding a broad...more

Louisiana Federal Court Finds Removal Proper As Dispute Could Relate To An Underlying Arbitration Clause In Insurance Policy

by Carlton Fields on

In this case, a Louisiana federal court denied a motion for remand of a former machinist’s asbestos-related claim, finding that an English insurer’s removal from state court was appropriate and that the dispute could relate...more

“Take-Home Toxins” Expand Duty of Care Imposed on Employers

A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more

Extensive Use Of Attorney-Client Memo In Prior Lawsuit Destroyed Attorney-Client Privilege

by Carlton Fields on

Insured companies sued Travelers for allegedly misrepresenting the scope of coverage afforded for asbestos injury claims under certain Excess Overlayer Indemnity policies. At issue has been the discoverability of a memorandum...more

New York Federal Court Denies Cross Motions For Summary Judgment On Follow The Settlements Doctrine

by Carlton Fields on

In a lengthy February 24, 2017 opinion, a New York federal court denied cross motions for summary judgment on the Follow the Settlements Doctrine, filed by Utica Mutual Insurance Company and Utica’s reinsurer, Fireman’s Fund...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

by Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

The 2016 Judicial Hellholes Report Is Out!

by Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

Extra! Extra! Read All About It! Publication Notice of Claims Bar Date Satisfies Due Process Requirements

by Robins Kaplan LLP on

In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more

Suit Against Reinsurer In California Dismissed For Lack Of Personal Jurisdiction

by Carlton Fields on

A federal district court in California recently dismissed a lawsuit brought by a cedent against its reinsurer for lack of a personal jurisdiction, where the reinsurer’s only contacts with the state derived from the fact that...more

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

by Butler Snow LLP on

Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

Florida Appellate Court Reverses Verdict Against Valve Manufacturer in Asbestos Case - Decision: Trial Court Abused Discretion in...

by Holland & Knight LLP on

Manufacturers of products that contained chrysotile asbestos won a major victory in Crane Co. v. DeLisle on Sept. 14, 2016, when Florida's Fourth District Court of Appeal (Fourth DCA) reversed a verdict entered against a...more

California Supreme Court Adopts the Sophisticated Intermediary Defense

by Polsinelli on

In Webb v. Special Elec. Co., the California Supreme Court formally adopted the "sophisticated intermediary doctrine," which provides an additional defense that manufacturers and suppliers can assert against product liability...more

“All Sums” Claims Another Victory, This Time In New York

In Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), policyholders scored a victory when New York’s highest court applied “all sums” allocation and vertical exhaustion. The...more

Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

by Dickinson Wright on

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The...more

New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies

by McCarter & English, LLP on

The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”...more

New York’s Highest Court Creates Exception to Pro Rata Allocation

by Cozen O'Connor on

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first...more

Illinois Federal Court Transfers “Late Notice” Reinsurance Dispute To Pennsylvania

by Carlton Fields on

R&Q Reinsurance Company issued a facultative reinsurance certificate to St. Paul Fire & Marine Insurance Company, which reinsured a policy issued by St. Paul to Walter E. Campbell, Co. The broker who placed the certificate...more

Blog: Court Of Appeal Approves Third Party Costs Order Against An Insurer

by Cooley LLP on

In Legg & Ors v Sterte Garage Ltd and Aviva UK Limited [2016] EWCA Civ 97, the Court of Appeal upheld the first instance decision that a third party costs order made against the defendant insurer was justified in...more

What Methods of Allocation Will Prevail in New York?

by Perkins Coie on

In the Matter of Viking Pump, Inc. and Warren Pumps LLC Insurance Appeals, No. CTQ-2015-00003 (NY) - Yesterday, on March 29, 2016, the New York Court of Appeals, New York’s highest court, will hear oral argument on two...more

Does Your Toxic Release Inventory Make You a Target for Enforcement?

by Beveridge & Diamond PC on

Summary: The U.S. Environmental Protection Agency’s Office of the Inspector General is examining the Agency’s usage of Toxic Release Inventory data to evaluate companies’ compliance with surface water discharge permitting...more

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