Traub Lieberman Straus & Shrewsberry LLP

Coverage for Business Interruption in Cyber Occurrences

Among the most critical cyber risks facing policyholders is the risk of business interruption in the event of a network breach or other cyber event. In our experience, the costs related to business interruption potentially…more
| Commercial Law & Contracts, Insurance, Science, Computers, & Technology

Florida Court Clarifies When Coverage Is Available Under Commercial Property Policy For Matching To Achieve Aesthetic Uniformity

In Great American Insurance Co. of New York v. The Towers of Quayside No. 4 Condominium Assn., 2015 U.S. Dist. LEXIS 150358 (S.D. Fla. November 5, 2015), the court analyzed a Motion for Summary Judgment filed by Great American…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

New York Court Holds Dog Attack Was a Single Occurrence

In its recent decision in Verlus v. Liberty Mut. Ins. Co., 2015 U.S. Dist. LEXIS 153908 (S.D.N.Y. Nov. 12, 2015), the United States District Court for the Southern District of New York had occasion to consider the issue of…more
| Insurance, Personal Injury

New York Court Dismisses Insureds’ Bad Faith and Fraud Claims

In its recent decision in Clement v. Farmington Cas. Co., 2015 U.S. Dist. LEXIS 152221 (S.D.N.Y. Nov. 10, 2015), the United States District Court for the Southern District of New York had occasion to consider what causes of…more
| Civil Procedure, Insurance

Federal Appeals Court Wrestles With Definition of “New” Equipment

In Reliable Contracting Group, LLC v. Department of Veterans Affairs, 779 F.3d 1329 (10th Cir. 2015), the Court of Appeals for the 10th Federal Circuit recently interpreted contract terms requiring that equipment installed under…more
| Commercial Law & Contracts, Construction Law, Government Contracting

Ohio Court Holds No Coverage for Suit Involving Insured’s Defective Component Parts

In its recent decision in Park-Ohio Holdings Corp. v. Liberty Mut. Fire Ins. Co., 2015 U.S. Dist. LEXIS 147602 (N.D. Ohio Oct. 30, 2015), the United States District Court for the Northern District of Ohio had occasion to…more
| Commercial Law & Contracts, Insurance, Products Liability

European Court of Justice Invalidates Safe Harbor

On October 6, 2015, the European Court of Justice invalidated “Safe Harbor”, a pact which for nearly fifteen years allowed United States companies to transfer electronic data from European companies and satisfy accompanying…more
| Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

The EMV (Chip/Pin) Liability Shift is Here

As of October 1, 2015, retailers that have not implemented Point of Sale (“POS”) payment terminals that support EMV- or Chip/Pin-enabled cards with embedded chip technology over the traditional magnetic stripe cards, face a…more
| Finance & Banking, Privacy, Science, Computers, & Technology

California Court Holds Prior Acts Exclusion Inapplicable

In its recent decision in Opus Bank v. Liberty Ins. Underwriters, 2015 U.S. App. LEXIS 18524 (C.D. Cal. Oct. 21, 2015), the United States District Court for the Central District of California had occasion to consider whether a…more
| Insurance, Labor & Employment Law

New York Court Holds Dishonest Acts Exclusion Inapplicable

In its recent decision in Great American E&S Ins. Co. v. Norman-Spencer McKernan, Inc., 2015 U.S. Dist. LEXIS 140481 (W.D.N.Y. Oct. 15, 2015), the United States District Court for the Western District of New York had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Oregon Court of Appeals Holds Engineer Must Provide Property Owner with Notice of Lien Rights in Order to Perfect and Foreclose on Lien

In Multi/Tech Engineering Services, Inc. v. Innovative Design & Construction, LLC [274 Or App 389 (2015)], the Oregon Court of Appeals held that an engineer was required to provide a property owner with notice of lien rights…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Washington Federal Court Finds Assignment Of Replacement Cost Holdback Not Permitted Prior To Actual Rebuilding Or Replacement

In Sherard v. Safeco Ins. Co. of Am., 2015 U.S. Dist. LEXIS 138548 (W.D. Wash. Oct. 9, 2015), Safeco Insurance (“Safeco”) issued a landlord insurance policy to Plaintiffs, Carol Sherard and Glenn Sherard for a rental house in…more
| Commercial Law & Contracts, Insurance

Florida’s Third District Finds $120,000 Attorneys’ Fee Award Against Insurer To Be Excessive

In State Farm Fla. Ins. Co. v. Alvarez, 2015 Fla. App. LEXIS 13767 (Fla. Dist. Ct. App. 3d Dist. September 16, 2015), the Third District reversed a $120,000.00 award for attorneys’ fees entered in favor of Jose and Martha…more
| Commercial Law & Contracts, Insurance

New York Court Holds Disclaimer Letter Untimely

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1st Dep’t Oct. 8, 2015), the New York Appellate Division, First Department, reinforced the rule that…more
| Insurance, Personal Injury

Mississippi Court Holds Defense Costs Outside of Limits

In its recent decision in Federal Ins. Co. v. Singing River Health System, 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), the United States District Court for the Southern District of Mississippi issued a decision…more
| Commercial Law & Contracts, Insurance
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Greater New York City Area, United States

Areas of Practice
  • Insurance
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