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Louisiana court finds settlement of environmental enforcement actions triggers insurance coverage

Shook Hardy & Bacon LLP
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USA
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April 26 2013

The Louisiana Court of Appeals has ruled that a commercial pollution legal liability policy covered at least some costs to be incurred in connection

Court requires insurer to defend CERCLA lawsuit

Shook Hardy & Bacon LLP
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USA
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March 29 2013

A federal court in Pennsylvania has held that an insurer which insured an oil company from 1972 to 1982 was required to defend a case brought by the

Insurer must defend claims based on insured’s use of non-pollutant floor sealer

Shook Hardy & Bacon LLP
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USA
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February 15 2013

A federal court in Missouri has determined that a floor-sealing product used by a construction cleanup company was not a "pollutant" and that the

Change of legal standard erases insurance verdict

Shook Hardy & Bacon LLP
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USA
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February 1 2013

The First Circuit Court of Appeals has upheld a district court decision that vacated a jury verdict awarding insurance coverage to an insured party

Insurance company disputes obligation to provide diacetyl damages or defense

Shook Hardy & Bacon LLP
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USA
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January 25 2013

A company that issued Citrus and Allied Essences Ltd. a commercial umbrella insurance policy in 2006 and 2007 has filed suit in a New York state

Insurance corp. seeks to rescind umbrella policy with salmonella-contaminated fish importer

Shook Hardy & Bacon LLP
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USA
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October 26 2012

Golden Eagle Insurance Corp. has filed a complaint for declaratory relief against its insured Moon Marine (U.S.A.) Corp., requesting that the umbrella policy it issued to the insured be rescinded because Moon Marine allegedly concealed material facts when it obtained the policy

Deli meat maker seeks coverage from supplier’s insurance carrier

Shook Hardy & Bacon LLP
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USA
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October 12 2012

A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall

Insurance cos. seek declaration of no duty to defend Four Loko lawsuits

Shook Hardy & Bacon LLP
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USA
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October 12 2012

Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against it in several states

Report warns insurers of climate-change risks

Shook Hardy & Bacon LLP
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USA
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October 5 2012

A coalition of investors, companies and public interest groups that promote sustainable business practices has issued a report urging insurance companies to consider increased risks from climate change and extreme weather losses

California law applied to Costco’s cheese recall insurance coverage dispute

Shook Hardy & Bacon LLP
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USA
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September 21 2012

Finding that California law applies to a dispute between Costco Wholesale Corp. and Nationwide Mutual Insurance Co., a federal court has dismissed Costco’s claims for violations of Washington state law and for bad faith coverage by estoppel arising out of the insurer’s refusal to handle claims of personal injury from cheese that Costco sold

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