Traub Lieberman Straus & Shrewsberry LLP

New York Court Holds Insurer Not Entitled to Pro Rata Allocation of Defense Costs

In its recent decision in High Point Design, LLC v. LM Ins. Corp., 2016 U.S. Dist. LEXIS 12690 (S.D.N.Y. Feb. 3, 2016), the United State District Court for the Southern District of New York had occasion to consider how and under…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Intellectual Property

New Hampshire Supreme Court Holds Excess Insurer Has No Duty to Defend

In its recent decision in Old Republic Ins. Co. v. Stratford Ins. Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016), the Supreme Court of New Hampshire, addressing a question certified by the United States Court of Appeals for the…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Texas Federal Court Rejects Insured’s Attempt To Destroy Diversity By Naming Adjuster As Defendant

The insured in Patel v. Acceptance Indem. Ins. Co., No. 4:15-CV-944-A, 2016 U.S. Dist. LEXIS 10300 (N.D. Tex. Jan. 28, 2016), alleged that Acceptance Indemnity Insurance Company and its adjuster, Charles Payne, did not fully pay…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential

Texas Court Holds Pollution Exclusion Inapplicable

In its recent decision in In re: ATP Oil & Gas Corporation, 2016 Bank. LEXIS 201 (S.D. Tex. Bankr. Jan. 20, 2016), the United States Bankruptcy Court for the Southern District of Texas had occasion to consider the application of…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Florida District Court of Appeals Addresses Voluntary Payment By Insurer After Suit Filed

In a recent decision, another Florida District Court of Appeals weighed in on the issue of whether voluntary payment by an insurer after suit is filed is a “confession of judgment” for purposes of awarding the insureds’…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential

Illinois Court Addresses Insured’s Burden of Proof on Duty to Indemnify

In Consol. United Nat’l Ins. Co. v. Faure Bros. Corp., 2016 Ill. App. Unpub. LEXIS 22 (Jan. 11, 2016), the Appellate Court of Illinois, First District, had occasion to consider an insured’s burden of proof in a declaratory…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Louisiana Court Holds Knowing Violation of Rights Exclusion Inapplicable

In its recent decision in Krispy Krunchy Foods, LLC v. AMA Disc., Inc., 2016 U.S. Dist. LEXIS 3499 (E.D. La. Jan. 12, 2016), the United States District Court for the Eastern District of Louisiana had occasion to consider the…more
| Civil Remedies, Commercial Law & Contracts, Insurance, Intellectual Property

Florida’s Third District Upholds Multiplier To Increase Award Of Attorneys’ Fees To Insured

In Citizens Prop. Ins. Corp. v. Pulloquinga, 2015 Fla. App. LEXIS 19453 (Fla. Dist. Ct. App. 3d Dist. December 30, 2015), the Third District affirmed a Miami-Dade trial court’s application of an attorney fee multiplier of 1.5…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

New York Court Holds Insurer Timely Disclaimed Coverage on Basis of Classification Limitation

In its recent decision in Black Bull Contr., LLC v Indian Harbor Ins. Co., 2016 NY Slip Op 00002 (1st Dep’t Jan. 5, 2016), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider whether a…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Personal Injury

Seventh Circuit Holds Certificate Of Insurance Issued Post-Accident Satisfies Ambiguous Additional Insured Requirements

In Cincinnati Ins. Co. v. Vita Food Prods., 2015 U.S. App. LEXIS 21878 (7th Cir. 2015), the U.S. Court of Appeals for the Seventh Circuit had occasion to consider whether a defendant qualified as an additional insured where it…more
| Civil Procedure, Commercial Law & Contracts, Insurance

California Court Holds No Coverage for Individual’s Use of a Non-Owned Auto

In Nationwide Mutual Insurance Company v. Shimon, 2015 Cal. App. LEXIS 1124 (opinion filed December 3, 2015; status changed from Unpublished to Published December 17, 2015), the California Court of Appeal for the Third Appellate…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Texas Supreme Court Addresses Impaired Property Exclusion

In U.S. Metals Inc. v. Liberty Mut. Ins. Group, Inc., 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015), the Texas Supreme Court had occasion to consider whether the mere incorporation of a defective component into a larger product…more
| Commercial Law & Contracts, Insurance

Illinois Court Holds Broad Request for Relief Triggered Duty to Defend

In Country Mut. Ins. Co. v. Bible Pork, Inc., 2015 IL App (5th) 140211, the Fifth District of the Illinois Appellate Court had occasion to consider whether a pleading seeking “such other relief as deemed appropriate” constitutes…more
| Civil Remedies, Insurance

Illinois Court Holds Pollution Claim Not A Covered Wrongful Entry Offense

In its recent decision in John Sexton Sand & Gravel Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 2015 U.S. Dist. LEXIS 166699 (N.D. Ill. Dec. 11, 2015), the United States District Court for the Northern District of…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Florida Court Holds No Duty to Defend Construction Defect Suit

In its recent decision in Core Construction Services Southeast v. Crum & Forster Specialty Ins. Co., 2015 U.S. Dist. LEXIS 163695 (S.D. Fla. Dec. 7, 2015), the United States District Court for the Southern District of Florida…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Commercial
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