Traub Lieberman Straus & Shrewsberry LLP

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

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to revisit…more
| Commercial Law & Contracts, Insurance, Personal Injury

Insurer Rolls A Gutter Ball On Claim That Insured Bowling Alley Waived Replacement Coverage

In Bowlers’ Alley, Inc. v. Cincinnati Ins. Co., 2015 U.S. Dist. LEXIS 70090 (E.D. Mich. May 31, 2015), the insured bowling alley suffered flood damage that caused warping of several bowling alleys. The insured further claimed…more
| Business Torts, Insurance

Georgia Court Holds Coverage Triggered for Product Disparagement Claim

In its recent decision in Foliar Nutrients v. Nationwide Agribusiness Ins. Co., 2015 U.S. Dist. LEXIS 125528 (M.D. Ga. Sept. 21, 2015), the United States District Court for the Middle District of Georgia had occasion to consider…more
| Business Torts, Commercial Law & Contracts, Communications & Media Law, Insurance, Intellectual Property

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 121753 (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider what constitutes…more
| Insurance, Professional Malpractice

Third Circuit Holds No Coverage For Suits Alleging Improper Collection of Customer Data

In its recent decision in OneBeacon Am. Ins. Co. v. Urban Outfitters, 2015 U.S. App. LEXIS 16399 (3d Cir. Sept. 15, 2015), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to…more
| Civil Procedure, Consumer Protection, Privacy, Insurance

Citing Erosion of the Privity Doctrine, California Court Permits Homeowner to Pursue Subcontractor for Damages Despite Lack of Privity

The California Court of Appeals, Second Appellate District, recently held that a building materials supplier owed a duty to a homeowner despite a lack of privity between the two. In Prince v. Thompson Building Materials, 2015…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Louisiana Court Grants Summary Judgment In Favor Of Insurer Based On Application Of Cooperation Clause

In Johnson v. GeoVera Specialty Ins. Co., 2015 U.S. Dist. LEXIS 113838 (E.D. La. Aug. 27, 2015), the court granted summary judgment in favor of an insurer based upon the cooperation clause of the insurer’s policy. Plaintiff…more
| Civil Remedies, Insurance

Texas Federal Court Addresses Viability Of Extra-Contractual Claims Against Field Adjuster In Removal Dispute

A Texas federal court recently addressed the viability of extra-contractual claims against an individual field adjuster who had investigated a loss on behalf of an insurance company. In Mainali Corp. v. Covington Specialty Ins…more
| Civil Procedure, Commercial Law & Contracts, Insurance

California Court Considers Reimbursement of Legal Fees Under D&O Policy

In its recent decision in Clark v. Travelers Cas. Ins. Co. of America, 2015 U.S. Dist. LEXIS 114877 (C.D. Cal. Aug. 28, 2015), the United States District Court for the Central District of California had occasion to consider when…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

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
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Greater New York City Area, United States

Areas of Practice
  • Insurance
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