Traub Lieberman Straus & Shrewsberry LLP

New York Court Allows Disgorgement Coverage Action to Proceed

In its recent decision in J.P. Morgan Securities, Inc. v. Vigilant Ins. Co., 2013 N.Y. LEXIS 1465 (NY June 11, 2013), New York’s Court of Appeals – New York’s highest court – had occasion to consider whether an insured can seek …more

| Civil Procedure, Civil Remedies, Business Torts, Insurance, Securities...

California Court Holds Insurer Precluded from Suing Defense Counsel

California’s First District Court of Appeal n J.R. Marketing, LLC v. Hartford Casualty Ins. Co. (1st District, June 11, 2013), recently considered whether an insurance carrier had a right to directly sue the insured’s…more

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

New York Court of Appeals Sets Forth New Rule for Breach of Duty to Defend

In its recent decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co., 2013 N.Y. LEXIS 1461, 2013 NY Slip Op. 4270 (NY June 11, 2013), New York's Court of Appeals – New York’s highest court – announced…more

| Business Organizations, Commercial Law & Contracts, Business Torts,...

Seventh Circuit Holds Contractor Bodily Injury Exclusion Inapplicable

In its recent decision in Atlantic Casualty Ins. Co. v. Paszko Masonry, Inc., 2013 U.S. App. LEXIS 11561 (7th Cir. June 7, 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether a…more

| Commercial Law & Contracts, Construction Law, Labor & Employment Law,...

Minnesota Supreme Court Applies Pollution Exclusion to Carbon Monoxide

In its recent decision in Midwest Family Mut. Ins. Co. v. Wolters, 2013 Minn. LEXIS 304 (Minn. May 31, 2013), the Minnesota Supreme Court had occasion to consider whether an absolute pollution exclusion applies to bodily injury …more

| Commercial Law & Contracts, Personal Injury, Insurance

Connecticut Court Holds Sexual Molestation Limitation Applicable

In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. Briggs, 2013 U.S. Dist. LEXIS 74885 (D. Conn. May 29, 2013), the United States District Court for the District of Connecticut had occasion to consider a…more

| Commercial Law & Contracts, Personal Injury, Insurance

Illinois Supreme Court Holds TCPA Damages Not Punitive

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which resulted…more

| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer...

Eighth Circuit Addresses Business Risk Exclusions

In its recent decision in Spirtas Co. v. Nautilus Ins. Co., 2013 U.S. App. LEXIS 10031 (8th Cir. May 20, 2013), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, had occasion to consider…more

| Commercial Law & Contracts, Construction Law, Insurance

Tenth Circuit Holds Underlying Securities Claims Interrelated

In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider…more

| Business Organizations, Commercial Law & Contracts, Business Torts,...

Michigan Court Holds Contract Exclusion Applicable

In its recent decision in Certified Restoration Drycleaning Network v. Fed. Ins. Co., 2013 U.S. Dist. LEXIS 54457 (E.D. Mich. Apr. 16, 2013), the United States District Court for the Eastern District of Michigan had occasion to …more

| Civil Procedure, Commercial Law & Contracts, Finance & Banking,...

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