Traub Lieberman Straus & Shrewsberry LLP

11th Circuit Finds a Covered “Occurrence” Under CGL Policy For Damages Resulting From Contractor’s Faulty Work and Rejects Application of Contractual Liability Exclusion

In Pennsylvania National Mutual Insurance Company v. St. Catherine of Siena Parish, 790 F.3d 1173 (11th Cir. 2015), a judgment was obtained by the Parish (a Catholic Church) against Kiker Corporation (“Kiker”), which was hired…more
| Civil Remedies, Commercial Law & Contracts, Insurance

California Supreme Court Reverses Prior Ruling On Anti-Assignment Clauses

In Fluor Corporation v. The Superior Court of Orange County (Hartford Accident & Indemnity Co., real party in interest), 2015 Cal. LEXIS 5631 (Aug. 20, 2015), the California Supreme Court determined that California Insurance…more
| Business Organizations, Commercial Law & Contracts, Insurance, Personal Injury

Florida’s Fifth District Court Of Appeal Allows Insurer Facing Breach Of Contract Lawsuit Over Water Loss Claim To Join Plumber As a Third Party Defendant

In Florida Peninsula Insurance Company v. Ken Mullen Plumbing, Inc., 2015 Fla. App. Lexis 11572 (Fla. 5th DCA July 31, 2015), the Fifth District Court of Appeal reversed a trial court’s decision to dismiss the insurer’s…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Massachusetts Appellate Court Addresses Other Insurance Language In Property Policy

In Moroney Body Works, Inc. v. Central Insurance Companies, the Appeals Court of Massachusetts considered whether a commercial property insurance policy issued by Central Insurance Companies (“Central”) provided coverage for…more
| Commercial Law & Contracts, Insurance

California Supreme Court Permits Restitution Claim By Insurer Against Independent Counsel

In its recent decision in Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C., — (Cal. Aug. 10, 2015), the Supreme Court of California had occasion to consider an insurer’s right to reimbursement from Cumis counsel for…more
| Business Torts, Civil Procedure, Civil Remedies, Insurance

California Court of Appeals Holds Liability Insurer May Obtain Equitable Subrogation Against its Insured’s Contractual Indemnitor in Absence of Fault

In Valley Crest Landscape, Inc. v. Mission Pools of Escondido, Inc., 238 Cal.App.4th 468 (2015), the California Court of Appeals held that an insurer could successfully recover on a claim for equitable subrogation against the…more
| Civil Remedies, Construction Law, Insurance, Personal Injury

Seventh Circuit Court of Appeals Reverses Dismissal of Data Breach Class Action – Finds Standing

The Seventh Circuit Court of Appeals’ recent ruling in Remijas v. Nieman Marcus, 2015 U.S. App. LEXIS 12487 (7th Cir. July 20, 2015), reversed the lower court and held that customers of luxury retailer Neiman Marcus had alleged…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Fifth Circuit Holds Insurer Waived One-Year Reporting Requirement in Pollution Buy-Back Endorsement

In its recent decision in Cox Operating, L.L.C. v. St. Paul Surplus Lines Ins. Co., 2015 U.S. App. LEXIS 13318 (5th Cir. July 30, 2015), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Insurance

Understanding Cyber Liability Insurance Coverage

The last two years of headline news about cyber-breaches and computer system malfunctions have led a rapidly-growing number of companies to purchase insurance coverage to protect themselves from technology and cyber privacy…more
| Insurance, Science, Computers, & Technology

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers, 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), the Supreme Court of Pennsylvania, deciding a matter of first impression within the Commonwealth, had occasion…more
| Civil Procedure, Insurance

“If You See Something, Say Something” Applies to Construction Contract Bidding

In Otis Elevator Co. v. W.G.Yates & Sons Construction Co., 589 Fed. Appx. 953; 2014 U.S. App. LEXIS 20214 (11th Cir. 2014), a subcontractor installed a series of escalators for an airport expansion project and sued the general…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

9th Circuit Holds No Coverage for DVT Under Employee Death Benefit Policy

In Williams v. National Union Fire Insurance Company of Pittsburgh, PA, 2015 U.S. App. LEXIS 11642 (9th Cir. July 7, 2015), the Ninth Circuit Court of Appeals, applying California law, had the opportunity to consider whether a…more
| Insurance, Personal Injury

OCR Settlement with Massachusetts Hospital Over HIPAA Violations

On July 8, 2015, the United States Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces federal privacy standards for protected health information (“PHI”), settled an enforcement action…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

US District Court in California Grants Sony Partial Dismissal in Data Breach Class Action

The United States District Court in California recently issued a decision granting in part and denying in part a motion to dismiss in the class action lawsuit brought against Sony Pictures Entertainment, Inc. (“Sony”), arising…more
| Civil Procedure, Labor & Employment Law, Science, Computers, & Technology

New York Court Enforces Voluntary Payment Provision

In its recent decision in SI Venture Holdings, LLC v. Catlin Specialty Insurance, 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), the United States District Court for the Southern District of New York had occasion to…more
| Environmental Law, Insurance
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