Traub Lieberman Straus & Shrewsberry LLP


Greater New York City Area, United States

7th Circuit Holds Excess Insurer Has No Duty to Indemnify Punitive Damages

In its recent decision in Fox v. Am. Alternative Ins. Corp., 2014 U.S. App. LEXIS 12799 (7th. Cir. July 7, 2014), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Personal Injury, Insurance

Eleventh Circuit Court of Appeals Holds Statutory Definition of “Structural Damage” Applies to Homeowners Policy Issued after the Statute was Enacted

In Shelton v. Liberty Mutual Fire Ins. Co., 2014 U.S. App. Lexis 16120 (11th Cir., August 21, 2014), the Court addressed an often-contested issue regarding homeowner’s sinkhole insurance coverage. The Sheltons filed a claim for…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

Louisiana Court Upholds Proof Of Loss Requirement Of Standard Flood Insurance Policy

n Villemarette v. FEMA et al., 2014 U.S. Dist. LEXIS 113667 (E.D. La.), the court analyzed whether plaintiffs were entitled to unpaid proceeds of a Standard Flood Insurance Policy (SFIP). Plaintiffs’ policy had coverage limits…more
| Civil Procedure, Insurance, Real Estate - Residential

Connecticut Court Holds Negligence Misrepresentation Claim Does Not Trigger Defense

In its recent decision in Pa. Gen. Ins. Co. v. Thakur, 2014 U.S. Dist. LEXIS 110251 (D. Conn. Aug. 11, 2014), the United States District Court for the District of Connecticut had occasion to consider whether a claim for…more
| Commercial Law & Contracts, Personal Injury, Insurance, Professional Malpractice

New Jersey Federal Court Examines Claim Dispute Under Standard Flood Insurance Policy

The court in Damiano v. Harleysville Ins. Co., Case No. 13-cv-07293-FLW-LHG, 2014 U.S. Dist. LEXIS 97988 (D.N.J. July 17, 2014) recently addressed the scope of claims that can be asserted against property insurers issuing…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance, Real Estate - Residential

Massachusetts Court Holds No Coverage Under Lawyers’ Malpractice Policy for 93A Claim

In its recent decision in Am. Guar. & Liab. Ins. Co. v. Lamond, 2014 U.S. Dist. LEXIS 103117 (D. Mass. July 29, 2014), the United States District Court for the District of Massachusetts had occasion to consider what portion of…more
| Civil Remedies, Commercial Law & Contracts, Insurance, Professional Malpractice

California Court Dismisses Data Breach Class Action

Last week, the California Third District Court of Appeal dismissed what may have been the largest health data breach class action in history. Consistent with a trend of similar dismissals, the California state appellate court…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

West Virginia Upholds Disclaimer Based on Liquor Liability Exclusion

In its recent decision in Essex Ins. Co. v. Napple’s Bullpen, LLC, 2014 U.S. Dist. LEXIS 97186 (N.D. W.Va. July 17, 2014), the United States District Court for the Northern District of West Virginia had occasion to consider the…more
| Commercial Law & Contracts, Personal Injury, Insurance

Texas Court Holds Insured Failed to Timely Report Claim

In its recent decision in Netspend Corp. v. AXIS Ins. Co., 2014 U.S. Dist. LEXIS 97656 (W.D. Tex. July 18, 2014), the United States District Court for the Western District of Texas had occasion to consider what constitutes a…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Several States Aggressively Address Data Security

Legislative action abound! The nation’s several states have been busy this year attempting to protect the citizenry’s protected personal and private information…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Sixth Circuit Holds That Market Crash Cannot Be Considered in Determining ACV

In Whitehouse Condo. Group, LLC v. Cincinnati Ins. Co., 2014 U.S. App. LEXIS 11708 (6th Cir. June 17, 2014), the insured condominium building located in Flint, Michigan was destroyed by a fire. The parties disagreed over the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance, Real Estate - Residential

5th Circuit Holds No Duty to Indemnify Based on Contractual Liability Exclusion

In its recent decision in Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June 27, 2014), the United States Court of Appeals for the Fifth Circuit had occasion to consider whether the Contractual…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

California Court Grants Hospital Summary Judgment on Data Breach Claim

In its recent decision in Eisenhower Medical Center v. Superior Court, 226 Cal. App. 4th 430(Cal. App. 4th Dist. 2014), the Court of Appeal of California, Fourth District, had occasion to consider whether a medical facility’s…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Eighth Circuit Rules Multiple Drowning Constitutes One Occurrence

In its recent decision in Fellowship of Christian Athletes v. AXIS Ins. Co., 2014 U.S. App. LEXIS 13176 (8th Cir. July 11, 2014), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Texas Federal Court Upholds Summary Judgment In Favor Of Insurer On Hail Damage Claim

Hamilton Props. v. Am. Ins. Co., No.: 12-cv-5046-B, 2014 U.S. Dist. LEXIS 91882 (N.D. Tex. July 7, 2014) was an insurance dispute over coverage for hail damage to the roof of the insured’s commercial property. The insured,…more
| Civil Procedure, Personal Injury, Insurance
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