Traub Lieberman Straus & Shrewsberry LLP

Pennsylvania Court Holds Disputed Allegations In Complaint Do Not Negate Duty to Defend

In its recent decision in Navigators Ins. Co. v. Amsterdam, 2015 U.S. Dist. LEXIS 64385 (E.D. Pa. May 18, 2015), the United States District Court for the Eastern District of Pennsylvania had occasion to consider whether an…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Insurance

Michigan Court of Appeals Reverses Lower Court, Finds An Express Contract

The Michigan Court of Appeals recently reversed a lower court in a contractor-subcontractor dispute, requiring analysis of the contract and unjust enrichment doctrines. In the unpublished decision, Lawrence M. Clarke, Inc. v…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Kentucky Court Holds D&O Policy Not Triggered By Suit Against Condo Board

In its recent decision in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015), the United States District Court for the Western District of Kentucky…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

New York Court Holds Parking Lot Exclusion Inapplicable

In its recent decision in Lancer Indem. Co. v JKH Realty Group, LLC, 2015 N.Y. App. Div. LEXIS 3293 (N.Y. 2d Dep’t Apr. 22, 2015), the New York Appellate Division, Second Department, had occasion to consider the application of a…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance, Real Estate - Commercial

New Jersey Court Applies Continuous Trigger Theory and Finds That No Coverage Is Available Because Damage Manifested Prior to Inception of Policy

In Cypress Point Condo. Ass’n. v. Selective Way Ins. Co., 2015 N.J. Super. Unpub. LEXIS 721 (March 30, 2015), the New Jersey Law Division dismissed a declaratory judgment action filed against an insurer for a framing contractor,…more
| Civil Procedure, Construction Law, Insurance, Real Estate - Residential, Toxic Torts

Supreme Court of Texas Examines an Anti-Concurrent Causation Clause for the First Time

In JAW The Pointe, L.L.C. v. Lexington Ins. Co., 2015 Tex. LEXIS 343 (Tex. Apr. 24, 2015), the Supreme Court of Texas had occasion to consider an insurance clause that federal courts and lower courts of appeals have interpreted…more
| Civil Procedure, Commercial Law & Contracts, Zoning, Planning & Land Use, Insurance, Real Estate - Residential

Tennessee Court of Appeals Determines Homeowners’ Action Against Contractor Barred by Statute of Repose

In Hayes v. Coopertown’s Mastersweep, Inc. 2015 Tenn. App. LEXIS 2224 (Tenn. Ct. App. 2015), plaintiff homeowners contracted with defendant Mastersweep to inspect the home’s fireplace due to consistent “smoke trouble.”…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

Arizona Federal Court Addresses Business Income Loss Coverage

In White Mt. Cmtys. Hosp., Inc. v. Hartford Cas. Ins. Co., 2015 U.S. Dist. LEXIS 50900 (D. Ariz. Apr. 17, 2015), the U.S. District Court for the District of Arizona had occasion to consider the extent of coverage under a…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

California Court Upholds Exclusion in Policy Application

In Crown Capital Securities, L.P. v. Endurance American Specialty Ins. Co., 2015 Cal. App. LEXIS 305, the California Court of Appeal had the opportunity to consider a denial of coverage based on an exclusion stated in the…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Insurance, Securities Law

US District Court for the District of New Jersey Dismisses Data Breach Class Action on Lack of Article III Standing

In re Horizon Healthcare Services, Inc. Data Breach Litigation was a class action law suit arising out of the theft of two of Horizon’s password-protected laptops that contained the personal information of more than 839,000 of…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Health

Illinois Court Holds No Duty to Defend Malicious Prosecution Suit

In Indian Harbor Ins. Co. v. City of Waukegan, 2015 IL App (2d) 140293 (Ill. App. Ct. 2d Dist. 2015) the Appellate Court of Illinois, Second District, had occasion to consider when coverage for a malicious prosecution claim is…more
| Civil Remedies, Commercial Law & Contracts, Criminal Law, Business Torts, Insurance

Illinois Supreme Court Addresses Duty of Care Owed by Insurance Agents

On March 19, 2015, in its decision in Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. Mar. 19, 2015), the Illinois Supreme Court affirmed an appellate court decision holding that Section 2-2201 of the Illinois Code of…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Personal Injury, Insurance

California Court of Appeals Holds Public Entity May Only Withhold Contractor Funds Where There are Liens or a Good Faith Dispute Regarding the Work

In East West Bank v. Rio School District [2015 Cal. App. LEXIS 274], the California Court of Appeals held that a dispute over contract price does not entitle a public entity to withhold funds due a contractor under California…more
| Construction Law, Government Contracting

Data Security and Breach Notification Act of 2015 Making its Way through Congress

On March 25, 2015, a Congressional Subcommittee approved a draft of the “Data Security and Breach Notification Act of 2015,” a statute intended to create a national standard for data security and reporting data breaches. This…more
| Conflict of Laws, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

Vermont Supreme Court Rejects Traditional Environmental Harm Limitation for Pollution Exclusion

In its recent decision in Cincinnati Specialty Underwriters Ins. Co. v. Energy Wise Homes, Inc., 2015 VT 52 (Vt. Apr. 3, 2015), the Supreme Court of Vermont had occasion to consider whether a pollution exclusion is limited to…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Personal Injury, Insurance
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