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Results: 11-20 of 201

Fifth Circuit addresses subrogation rights as between co-insurers

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • May 3 2011

In 2007, the Texas Supreme Court issued its decision in Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., 236 S.W.3d 765 (Tex. 2007), in which the court addressed co-insurers’ rights of subrogation as against each other

First Circuit limits definition of “you” to policy’s named insured

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • August 2 2011

In its recent decision in Wright-Ryan Constr., Inc. v. AIG Ins. Co. of Can., 2011 U.S. App. LEXIS 15502 (1st Cir. July 27, 2011), the United States Court of Appeals for the First Circuit, applying Maine law, had occasion to consider whether the term “you” as used in a general liability policy is limited to the policy’s named insured, or whether it includes additional insureds

Florida court holds classified operations endorsement precludes coverage

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • July 8 2013

In its recent decision in Canal Indem. Co. v. Margaretville of NSB, Inc., 2013 U.S. Dist. LEXIS 93658 (M.D. Fla. July 3, 2013), the United States

Eleventh Circuit affirms duty to defend Legionnaires’ Disease lawsuit

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • October 26 2012

In its recent decision in Westport Ins. Corp. v. VN Hotel Group, 2012 U.S. App. LEXIS 22187 (11th Cir. Oct. 25, 2012), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether a pollution exclusion and a fungibacteria exclusion operated to bar coverage for an underlying wrongful death claim involving Legionnaires' Disease

Fifth Circuit agrees: duty to indemnify broader than duty to defend under texas law

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • July 26 2011

In D.R. Horton-Texas, Ltd. v. Markel Int’l Ins. Co., 300 S.W. 3d 740 (Tex. 2009) and Burlington Northern & Santa Fe Railway Co. v. Nat'l Union Fire Ins. Co., 334 S.W.3d 217 (Tex. 2010), the Texas Supreme Court established the rule that an insurer can have a duty to indemnify even in the absence of a corresponding duty to defend

Ohio Supreme Court holds faulty workmanship is not an occurrence

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • October 19 2012

In its recent decision in Westfield Ins. Co. v. Custom Agri Systems, 2012 Ohio 4712 (Ohio Oct. 16, 2012), the Supreme Court of Ohio, answering a question certified by the United States Court of Appeals for the Sixth Circuit, had occasion to consider whether “claims of defective constructionworkmanship brought by a property owner claims for ‘property damage’ caused by an ‘occurrence’ under a commercial general liability policy.”

Florida court holds no coverage for related claims under E&O policy

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • December 14 2012

In its recent decision in Zodiac Group v. Axis Surplus Ins. Co., 2012 U.S. Dist. LEXIS 176622 (S.D. Fla. Dec. 13, 2012), the United States District Court for the Southern District of Florida had occasion to consider whether an insured was entitled to coverage under a claims made and reported professional liability policy for a newly filed lawsuit related to a earlier suit filed prior to the policy’s date of inception

Missouri court addresses owned property exclusion

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • January 25 2012

In its recent decision in Clarinet v. Essex Ins. Co., 2012 U.S. Dist. LEXIS 7300 (E.D. Mo. Jan. 23, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider whether a general liability policy afforded coverage for an insured’s obligation to stabilize and later demolish its own building so as to prevent damage to third-party property

Rhode Island Supreme Court invalidates healthcare provider’s right to self-insure

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • January 22 2013

In its recent decision in Peloquin v. Haven Health Ctr. Of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had

California court holds no coverage for Prop 65 case

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • June 15 2011

California’s Proposition 65 of the California Safe Drinking Water and Toxic Enforcement Act of 1965, 25249.5 et seq., is a “remedial statute” which, among other things, requires “businesses to warn individuals about carcinogens and reproductive toxins to which they may be exposed through commercial transactions, employment, and the environment.” Consumer Cause, Inc. v. SmileCare, 91 Cal.App.4th 454 (Cal.App. 2001