Traub Lieberman Straus & Shrewsberry LLP

7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiffs

On April 14, 2016, the Court of Appeals for 7th Circuit reinstated plaintiffs’ action against P.F. Chang’s restaurant chain that arose out of the well-reported breach of payment card information. The action was previously…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Science, Computers, & Technology

Montana Supreme Court Revisits General Liability Coverage for Construction Defect Claims

In its recent decision in Emplrs Mut. Cas. Co. v. Fisher Builders, Inc., 2016 MT 91 (Mont. Apr. 16, 2016), the Supreme Court of Montana had occasion to consider what constitutes an “occurrence” in the context of a defective…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Fourth Circuit Rules GL Insurer Has Duty To Defend Data Breach Claim

In a brief, unpublished decision, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling that Travelers must defend Portal Healthcare Solutions in an underlying lawsuit involving the disclosure of confidential…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Insurance, Privacy

North Carolina Court Holds PCB Pollution Not Sudden and Accidental

In its recent decision in PCS Phosphate Co. v. Am. Home Assur. Co., 2016 U.S. Dist. LEXIS 50389 (E.D.N.C. Apr. 14, 2016), the United States District Court for the Eastern District of North Carolina had occasion to consider the…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Insurance

California Court Rejects Primary Carrier’s Excess Other Insurance Position

In its recent decision in Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co., 2016 Cal. App. LEXIS 275 (Cal. App. Apr. 11, 2016), the Court of Appeal of California for the Third Appellate District had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

Kentucky Court of Appeals Denies CGL Coverage For Damage To Property Other Than Insured’s Work

In Acuity v. Martin/Elias Props., LLC, 2016 Ky. App. Unpub. LEXIS 237 (Ky. Ct. App. Mar. 25, 2016), the Court of Appeals of Kentucky held that commercial general liability insurer Acuity did not owe coverage for a claim that its…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for breach…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Insurance, Science, Computers, & Technology

New Jersey Court Considers Exclusion for Delay of or Failure to Complete Work

In its recent decision in Navigators Specialty Ins. v. PharmaNet Development Group, Inc., 2016 U.S. Dist. LEXIS 40999 (D.N.J. Mar. 29, 2016), the United States District Court for the District of New Jersey had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Policyholder’s Bad Faith Claim Against Cyber-Insurer Survives Summary Judgment

In follow up on an older entry, the Court in Travelers Prop. Cas. Co. of Am. V. Fed. Recovery Servs., recently issued another order granting partial summary judgment in favor of a cyber-insurer, but also allowed the bad faith…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Science, Computers, & Technology

New York Court Addresses Cancellation of Policy

In its recent decision in Kinsale Ins. Co. v. OBMP NY, LLC, 2016 U.S. Dist. LEXIS 36737 (S.D.N.Y. Mar. 22, 2016), the United States District Court for the Southern District of New York had occasion to consider what constitutes a…more
| Civil Procedure, Commercial Law & Contracts, Insurance

US District Court in Southern California Rules No Coverage for HIPAA Investigation

The District Court for the District of Southern California was asked to reconsider its prior decision issued on motions for summary judgment in coverage litigation between Millenium Labs, Inc. (“Millenium”), and its insurer,…more
| Civil Procedure, Commercial Law & Contracts, Health, Insurance, Science, Computers, & Technology

Florida’s Second District Upholds Policy Requirement Regarding Payment Of Subsurface Repairs In Sinkhole Claim

In Citizens Prop. Ins. Corp. v. Amat, 2016 Fla. App. LEXIS 2412 (Fla. Dist. Ct. App. 2d Dist. Feb. 19, 2016), the Second District remanded a final judgment awarding damages in a sinkhole claim for subsurface repairs without…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury

In its recent decision in Georgia Farm Bureau Mut. Ins. Co. v. Smith, 2016 Ga. LEXIS 245 (Ga. Mar. 21, 2016), the Supreme Court of Georgia had occasion to consider whether under Georgia law, the pollution exclusion applies to a…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury, Real Estate - Residential

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider an…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury, Products Liability

Second Circuit Holds Informational Request Constitutes a Demand

In its recent decision in Weaver v. AXIS Surplus Ins. Co., 2016 U.S. App. LEXIS 4199 (2d Cir. Mar. 7, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider what…more
| Civil Procedure, Commercial Law & Contracts, Insurance
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