Traub Lieberman Straus & Shrewsberry LLP

California Court Denies Summary Judgment Based Upon Continued Tolling of One-Year Statute of Limitations

In Globe Imps. Ltd., Inc. v. Allied Prop. & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 20190 (N.D. Cal. Feb. 19, 2015) the U.S. District Court for the Northern District of California examined equitable tolling of the one year statute…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

California Court Rejects Insurer’s Right to Rescind Policy

In DuBeck v. California Physicians’ Service, 2015 Cal. App. LEXIS 203 (March 5, 2015, opinion filed), the California Court of Appeal examined whether a health insurer’s conduct constituted a waiver of the right to rescind its…more
| Commercial Law & Contracts, Business Torts, Health, Insurance

A Look Back: NetDiligence 2014 Cyber Claims Study

The NetDiligence 2014 Cyber Claims Study relies on data voluntarily provided by insurers about amounts paid out on cyber claims occurring from 2011 through 2013. Since the Study only accounts cyber claims reported to larger…more
| Finance & Banking, Privacy, Health, Insurance, Science, Computers, & Technology

Florida Court Addresses Classification Limitation Endorsement

In its recent decision in Dumbacher v. Landmark Am. Ins. Co., 2015 U.S. Dist. LEXIS 29106 (M.D. Fla. Mar. 10, 2015), the United States District Court for the Middle District of Florida had occasion to consider the application of…more
| Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

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, Inc.,…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Personal Injury, Real Estate - Residential

Insurance Payout Goes Up In Smoke: Sixth Circuit Finds Manufacturing Marijuana Changes Use Of A Residence.

In Nationwide Mut. Fire Ins. Co. v. McDermott, 2015 U.S. App. LEXIS 3012 (6th Cir. Feb. 24, 2015), a homeowner’s claim for a total fire loss was denied based on the policy’s “change of use” endorsement. On January 13, 2012,…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Illinois Attorney General Calls For Tougher Data Breach Laws

Illinois Attorney General Lisa Madigan recently announced a legislative initiative proposing to strengthen Illinois’ Personal Information Protection Act (“PIPA”) amid increased threats of cyberattacks and growing public concerns…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

California Court Considers Contaminated Food Product Coverage

In Windsor Food Quality Company, LTD. v. The Underwriters of Lloyds of London, 2015 Cal. App. LEXIS 195 (Cal. App. Feb. 6, 2015), the California Court of Appeals considered whether an ingredient obtained from a supplier and used…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Products Liability

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Personal Injury, Insurance

Texas Supreme Court Revisits Additional Insured Coverage for Deepwater Horizon Disaster

In In Re Deepwater Horizon, No. 13–0670 (February 13, 2015), the Texas Supreme Court had occasion to consider the extent to which the scope of additional insured coverage is limited by the terms of a contract between the insured…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Insurance, Toxic Torts

US District Court in Texas Finds Plaintiffs Lack Article III Standing in PHI Breach

Beverly Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health Care System was a class action that arose out of a data breach of the defendant-health care service provider. It was alleged in the action that malicious…more
| Civil Procedure, Civil Remedies, Constitutional Law, Privacy, Science, Computers, & Technology

Louisiana Court Enforces Reporting Requirement in Claims-Made Policy

In its recent decision in XL Specialty Insurance Company v. Bollinger Shipyards, Inc., 2015 U.S. Dist. LEXIS 23633 (E.D. La. Feb. 26, 2015), the United States District Court for the Eastern District of Louisiana had occasion to…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Insurance

Eleventh Circuit Holds Not All Damage Is “Structural Damage” For Purpose Of A Sinkhole Claim

In Hegel v. The First Liberty Insurance Corporation, 2015 U.S. App. Lexis 3024 (11th Cir. Feb. 27, 2015), the Eleventh Circuit reversed summary judgment in favor of the homeowners because the trial court applied an improper…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Illinois Court Finds Coverage for Advertising Injury

In Selective Insurance Co. of the Southeast v. Creation Supply Inc., 2015 Ill. App. (1st) 140152-U, the Appellate Court of Illinois, First District, had occasion to consider whether an insured’s in-store retail displays of its…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Insurance, Intellectual Property

Florida’s Fifth District Affirms Summary Judgment for Insurer, Finding that “Vandalism” and “Malicious Mischief” include “Arson”

In Botee v. Southern Fid. Ins. Co., 2015 Fla. App. LEXIS 1566 (Fla. Dist. Ct. App. 5th Dist. Feb. 6, 2015), the Fifth District affirmed an Orange County trial court’s entry of summary judgment in favor of the insurer. Botee…more
| Insurance, Real Estate - Residential
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