Traub Lieberman Straus & Shrewsberry LLP

Florida’s Fifth District Allows Evidence of Prior Sinkhole Insurance Settlement in Subsequent Sinkhole Trial

In Tower Hill Signature Ins. v. Speck, 2016 Fla. App. LEXIS 12167 (Fla. Dist. Ct. App. 5th Dist. Aug. 12, 2016), the Fifth District found the trial court abused its discretion by not admitting into evidence the amount of a prior…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

New Jersey Supreme Court Holds CGL Policies Cover Developer/General Contractor for Damage Caused by Subcontractor’s Faulty Workmanship

The New Jersey Supreme Court recently considered whether damage caused by a subcontractor’s faulty workmanship constitutes property damage caused by an occurrence under a developer/general contractor’s commercial general…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

Eleventh Circuits Affirms Summary Judgment in Favor of Insurer Based on Homeowners Failure to Cooperate with the Insurer’s Investigation and Resolution of the Claims

In Hsu v. Safeco Ins. Co. of Ind., 2016 U.S. Dist. LEXIS 12407 (11th Cir. 2016), the Eleventh Circuit affirmed summary judgment in favor of Safeco Insurance Company of Indiana (“Safeco”), finding that the homeowner breached the…more
| Civil Procedure, Commercial Law & Contracts, Insurance

11th Circuit Holds Insurer Not Entitled to Summary Judgment in Bad Faith Claim

In its recent decision in Hinson v. Titan Ins. Co., 2016 U.S. App. LEXIS 14474 (11th Cir. Aug. 8, 2016), the United States Court of Appeals for the Eleventh Circuit, had occasion to consider how diligent an insurer must act to…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Home Depot Seeks Interlocutory Review of District Court’s Denial of Motion to Dismiss

In May of this year, the United States District Court for the Northern District of Georgia ruled largely in favor of the class action plaintiffs and against The Home Depot, Inc. by denying a motion to dismiss on at the pleading…more
| Civil Procedure, Privacy, Science, Computers, & Technology

New Jersey Court Holds Suits Constitute Interrelated Wrongful Acts

In its recent decision in Old Bridge Municipal Authority v. Westchester Fire Ins. Co., 2016 U.S. Dist., LEXIS 99327 (D. N.J. July 29, 2016), the United States District Court for the District of New Jersey had occasion to…more
| Insurance

Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award

In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays…more
| Business Torts, Commercial Law & Contracts, Construction Law

Fifth Circuit Holds that National Union Fire Insurance Company of Pittsburgh, PA’s Commercial Crime Policy Does Not Cover Insured’s Losses Arising from Alleged Employee Forgeries

Tesoro Refining & Marketing Co. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2016 U.S. App. LEXIS 13838 (5th Cir. July 29, 2016). In 2003, Tesoro Refining and Marketing Company, LLC (“Tesoro”) started selling fuel to Enmex…more
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Indiana Court Concludes Broad Pollution Exclusion Is Ambiguous

In its recent decision in Old Republic Ins. Co. v. Gary/Chicago International Airport Authority, 2016 U.S. Dist. LEXIS 96361 (N.D. Ind. July 25, 2016), the United States District Court for the Northern District of Indiana had…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Transportation

U.S. Court in Louisiana Remands Advance Stores Co. Data Breach Class Action to State Court

In a case with a familiar fact pattern, the United States District Court for the Eastern District of Louisiana refused to find that permitting Plaintiff to proceed in Louisiana state court was “futile” on Article III standing…more
| Civil Procedure, Labor & Employment Law, Privacy, Science, Computers, & Technology

U.S. Court for District of Minnesota Dismisses Target Data Breach Shareholder Derivative Suits

On July 7, 2016, the United States District Court for the District of Minnesota granted Target’s unopposed motion to dismiss the derivative actions filed by a number of shareholders against the company relating to the…more
| Business Organizations, Civil Procedure, Privacy, Insurance, Science, Computers, & Technology

Colorado Court Applies Notice-Prejudice Rule to Pollution Buy-Back Endorsement

In its recent decision in MarkWest Energy Partners, L.P. v. Zurich American Insurance Co., 2016 Colo. App. LEXIS 956 (Colo. App. July 14, 2016), the Court of Appeals of Colorado had occasion to consider whether Colorado’s…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Insurance

Wisconsin Supreme Court Holds Insurer Is Entitled To Subrogation Despite Fact That Insured Was Not “Made Whole”

In Dufour v. Progressive Classic Ins. Co., 2016 WI 59 (Wis. 2016), Dairyland Insurance Company’s insured sustained physical injuries and damage to his vehicle following an automobile accident with an underinsured tortfeasor. The…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Sixth Circuit Holds Coverage Unavailable for Perpetrator of Sexual Misconduct

In its recent decision in Clifford v. Church Mutual Ins. Co., 2016 Fed. Appx. 0373N (6th Cir. July 5, 2016), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the coverage…more
| Commercial Law & Contracts, Criminal Law, Insurance

Florida’s Third District Finds Misrepresentation In Insurance Application Was Material, Precluding Coverage And Entitling Insurer To Rescind The Policy

In Certain Underwriters at Lloyd’s London v. Jimenez, 2016 Fla. App. LEXIS 9231 (Fla. Dist. Ct. App. 3d Dist. June 12, 2016), the Third District reversed a trial court’s final judgment and remanded the case with instructions to…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential
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