News & Analysis as of

Single Occurrence

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

New York Court Holds Dog Attack Was a Single Occurrence

In its recent decision in Verlus v. Liberty Mut. Ins. Co., 2015 U.S. Dist. LEXIS 153908 (S.D.N.Y. Nov. 12, 2015), the United States District Court for the Southern District of New York had occasion to consider the issue of...more

Business Litigation Report - September 2015

Alleging Fraud in a Financial Crisis: The Second Circuit Articulates a Less Stringent Pleading Standard for Loss Causation: Loss causation has emerged as a central obstacle to post-financial-crisis fraud cases. The loss...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

Nevada Court Holds Multiple Deaths Resulted From Single Occurrence

In its recent decision in Century Sur. Co. v. Casino W., 2015 U.S. Dist. LEXIS 39482 (D. Nev. Mar. 27, 2015), the United States District Court for the District of Nevada had occasion to consider whether multiple fatalities...more

Weathering Winter Storm Juno With Roof Collapse Coverage

by Zelle LLP on

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

West Virginia High Court Finds Carbon Monoxide Exposure Claims Arising from the Same Source Are a “Single Occurrence” for Coverage...

by Wilson Elser on

In Kosnoski, et. al. v. Rogers, et. al., Case No. 13-0494 (2/18/14), the West Virginia Supreme Court of Appeals recently held that two different incidents of exposure to carbon monoxide poisoning arose from the same...more

Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

by Gilbert LLP on

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that...more

Connecticut Supreme Court Determines Damage Caused by Unintended Faulty Work Constitutes Property Damage Resulting from an...

by K&L Gates LLP on

Jurisdictions are split over whether defective construction can give rise to an occurrence under commercial general liability insurance policies. Some jurisdictions have held that faulty workmanship cannot constitute the...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

Pennsylvania Makes Its Mark on National Chinese Drywall Coverage Dispute with “One Occurrence” Decision

by Cozen O'Connor on

On February 15, 2013 a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took...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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