Traub Lieberman Straus & Shrewsberry LLP


Greater New York City Area, United States

Illinois Court Holds Insurer Improperly Delayed Declaratory Judgment Action

In FCCI Ins. Co. v. Westfield Ins. Co., 2014 Ill. App. Unpub. LEXIS 1421 (Ill. App. June 27, 2014), the Appellate Court of Illinois had occasion to consider whether an insurer was estopped from asserting policy defenses to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance

Florida’s Fifth District Court of Appeal Holds “Wrongful Conduct” on Behalf of Insurer is Necessary Prerequisite to an Insured’s Entitlement to Attorney’s Fees after Post-Suit Payment of Claim

In Omega Insurance Co. v. Kathy Johnson, 2014 Fla. App. Lexis 13737 (Fla. Dist. Ct. App. 5th Dist. Sept. 5, 2014), the Fifth District reversed a Marion County trial court’s grant of attorneys’ fees based upon Omega’s post-suit…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

California Court Considers Standard for Rescission

In its recent decision in Betty Douglas, et al. v. Fidelity National Insurance Company, 2014 Cal. App. LEXIS 788 (Cal. App. Aug. 29, 2014), the California Court of Appeal for the First Appellate District, had occasion to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Target Files Motion to Dismiss Data Breach Lawsuit

By now, we all know about the massive data breach at national retailer Target over the 2013 holiday season. The cyber-attack was carried out by sophisticated criminal hackers, who allegedly gained access to Target’s network…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Florida’s Fourth District Court of Appeal Holds an Insurer’s Liability for Breach of Contract Is Not a Necessary Prerequisite for a Bad Faith Lawsuit

In Cammarata v. State Farm Fla. Ins. Co., 2014 Fla. App. Lexis 13672 (September 3, 2014), the Fourth District court addressed a challenge to an insured’s bad faith lawsuit as premature. The Cammaratas’ home sustained damage from…more
| Commercial Law & Contracts, Insurance

Florida Fourth District Court of Appeal Affirms Summary Judgment for Insurer Based upon Insured’s Failure to Submit a Timely Proof of Loss

In Lloyd Oliver Hunt & Deborah Hunt v. State Farm Florida Ins. Co., 39 Fla. L. Weekly D1762b, (Fla. 4th DCA 2014), the Fourth District affirmed a Broward County trial court’s grant of summary judgment based upon the insureds’…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Florida Court Holds Warrant Does Not Trigger D&O Policy

In its recent decision in RSUI Indemnity Co. v. Desai, 2014 U.S. Dist. LEXIS 122068 (M.D. Fla. Sept. 2, 2014), the United States District Court for the Middle District of Florida had occasion to consider whether a criminal…more
| Commercial Law & Contracts, Criminal Law, Insurance

California Attorney General Issues Privacy Practices Guide

Consumers that have spent more than a few seconds attempting to decipher an online privacy policy tend to agree that most privacy policies are overly long, difficult to read, and fail to offer any meaningful choice to the…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Florida Finds No Coverage For Property Damage Caused By Neighbor’s Corpse.

On August 20, 2014, the Florida Court of Appeals refused to reconsider its decision in Rodrigo v. State Farm Florida Ins. Co., No. 4D12-3410 (Fla. App. 4th Dist. April 23, 2014), that the insured breached the policy by not…more
| Civil Procedure, Commercial Law & Contracts, Insurance

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
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