Traub Lieberman Straus & Shrewsberry LLP

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), the United States District Court for the Northern District of New York had occasion to…more
| Commercial Law & Contracts, Insurance, Professional Malpractice

Florida’s Third District Finds Existence of a Question of Fact Regarding Whether Notice of a Hurricane Claim was Timely Precludes Partial Summary Judgment

In Laquer v. Citizens Property Insurance Corporation, 2015 Fla. App. Lexis 7570 (Fla. 3d DCA May 20, 2015), the Third District reversed a trial court’s order granting partial summary judgment to an insurer because an insured’s…more
| Insurance, Real Estate - Residential

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America, 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), the United States District Court for the Western District of Virginia, applying Virginia…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Insurance, Labor & Employment Law

Connecticut Supreme Court Affirms No Coverage under CGL Policy for Damages Arising from Lost Computer Tapes

The Supreme Court of Connecticut recently affirmed the lower court’s finding that no coverage obligation exists for insurers in Recall Total Info. Mgmt. v. Fed. Ins. Co., 2015 Conn. LEXIS 150 (Conn. May 26, 2015). Recall…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Privacy, Insurance

New York Court Denies Insurer’s Motion for Summary Judgment Based upon Undefined Term “Occurrence” in Policy

In Rafer Rokeach v. Hanover Ins. Co., 2015 U.S. Dist. LEXIS 65801, *1-16 (S.D.N.Y. May 19, 2015), the U.S. District Court for the Southern District of New York examined the undefined term “occurrence” in the deductibles…more
| Civil Procedure, Commercial Law & Contracts, Insurance

California Court Addresses Products-Completed Operations Hazard

In its recent decision in Atlantic Cas. Ins. Co. v. LTA Distributor, LLC, 2015 U.S. Dist. LEXIS 70462 (S.D. Fla. June 1, 2015), the United States District Court for the Southern District of Florida had occasion to consider the…more
| Commercial Law & Contracts, Insurance, Personal Injury

California Court of Appeals Holds Subcontract Unable to Collect Compensation Under Business & Professions Code 7031 Because Contractor’s License was Suspended by Stipulated Judgment

In Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. [2015 Cal. App. LEXIS 426], a subcontractor’s license with the Contractors State License Board (CSLB) was automatically suspended due to an unsatisfied stipulated…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Labor & Employment Law

Utah Court Finds No Duty to Defend Claim Under Cyber Insurance Policy

In Travelers Prop. Cas. Co. of America v. Federal Recovery Services, Inc., et al., 2015 U.S. Dist. LEXIS 62185 (D. Utah May 11, 2015), Travelers issued its “CyberFirst” stand-alone cyber insurance policy to Federal Recovery…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Privacy

Ninth Circuit Holds Property Damage Directly Caused By Fire

In Stankova v. Metropolitan Property & Casualty Insurance Company, 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015), the Ninth Circuit Court of Appeals, applying Arizona law, had the opportunity to address the concept of…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury, Real Estate - Residential

Insurer Seeks Declaratory Judgment Against Policyholder for Data Breach

Late last month, Columbia Casualty Company instituted a declaratory judgment lawsuit in the United States District Court for the Central District of California against its insured, Cottage Health System. Columbia Casualty…more
| Civil Procedure, Commercial Law & Contracts, Health, Insurance, Privacy

California Court Considers Intentional Acts Exclusion in Homeowners Policy

In Albert v. Mid-Century Insurance Company, 2015 Cal. App. LEXIS 431 (April 28, 2015, status changed from published to unpublished May 20, 2015), the California Court of Appeal had occasion to consider whether the over-pruning…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Pennsylvania Court Holds Disputed Allegations In Complaint Do Not Negate Duty to Defend

In its recent decision in Navigators Ins. Co. v. Amsterdam, 2015 U.S. Dist. LEXIS 64385 (E.D. Pa. May 18, 2015), the United States District Court for the Eastern District of Pennsylvania had occasion to consider whether an…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Insurance

Michigan Court of Appeals Reverses Lower Court, Finds An Express Contract

The Michigan Court of Appeals recently reversed a lower court in a contractor-subcontractor dispute, requiring analysis of the contract and unjust enrichment doctrines. In the unpublished decision, Lawrence M. Clarke, Inc. v…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Kentucky Court Holds D&O Policy Not Triggered By Suit Against Condo Board

In its recent decision in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015), the United States District Court for the Western District of Kentucky…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

New York Court Holds Parking Lot Exclusion Inapplicable

In its recent decision in Lancer Indem. Co. v JKH Realty Group, LLC, 2015 N.Y. App. Div. LEXIS 3293 (N.Y. 2d Dep’t Apr. 22, 2015), the New York Appellate Division, Second Department, had occasion to consider the application of a…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance, Real Estate - Commercial
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