Multiple Occurences

News & Analysis as of

Clark v. Viacom - USCA Sixth Circuit, July 8, 2015

Sixth Circuit affirms dismissal of defamation claims brought against Viacom by former American Idol contestants, holding that Tennessee’s “single publication rule” applies to online speech and thus majority of allegedly...more

New York Court Denies Insurer’s Motion for Summary Judgment Based upon Undefined Term “Occurrence” in Policy

In Rafer Rokeach v. Hanover Ins. Co., 2015 U.S. Dist. LEXIS 65801, *1-16 (S.D.N.Y. May 19, 2015), the U.S. District Court for the Southern District of New York examined the undefined term “occurrence” in the deductibles...more

Ohio Federal Court Rules that Policyholder’s Asbestos Liabilities Arose from Multiple Occurrences Under Ohio Law

On April 7, 2015, a federal judge in the Northern District of Ohio granted partial summary judgment in favor of plaintiffs Mahoning Valley Supply (“MVS”) and Westfield Insurance Company (“Westfield”) and against defendant...more

Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in...more

Insurance and the Polar Vortex: Recovering Losses from the Big Chill of 2014

The first two weeks of 2014 ushered in an extraordinary weather disaster affecting most of the United States, causing extensive property damage and business interruption as a result of freezing temperatures. On January 3,...more

The ‘September 11' attacks and aggregation – more than one event

In the UK decision of Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd [2013] EWHC 154 (Comm), it was held that the ‘September 11' terrorist attacks on the twin towers of the World Trade Center were two separate events...more

How Many Times Did that “Occur”? Alaska Supreme Court Confirms that Multiple Injuries Do Not Signify Multiple “Occurrences”

In United Services Automobile Association v. Neary, Nos. S-14580, S-14600, 2013 WL 4399129 (Alaska, Aug. 16, 2013), the Supreme Court of Alaska confirmed that a gunshot that kills one person and injures several others...more

Pennsylvania Court Holds Drywall Claims Arose Out of Single Occurrence

In its recent decision in Cincinnati Ins. Co. v. Devon International, 2013 U.S. Dist. LEXIS 20659 (E.D. Pa. Feb. 15, 2013), the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law,...more

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