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Results: 11-20 of 201

South Carolina court awards insured declaratory judgment fees through appeal

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • May 8 2012

In a matter involving an issue of first impression under South Carolina law, the United States District Court for the District of South Carolina, in its recent decision in Jessco, Inc. v. Builders Mutual Insurance Co., 2012 U.S. Dist. LEXIS 62114 (May 3, 2012), considered whether an insured is entitled to recover fees and costs after successfully litigating a declaratory judgment action on appeal

Massachusetts high court awards $22 million in bad faith damages

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • February 13 2012

In its recent decision in Rhodes v. AIG Domestic Claims, et al., 2012 Mass. LEXIS 28 (Mass. Feb. 10, 2012), the Supreme Judicial Court of Massachusetts, Massachusetts’ highest court, addressed how damages are to be awarded under Massachusetts’ General Law 93A, 9 (Massachusetts’ consumer protection statute) for an insurer’s failure to effectuate a prompt, fair and equitable settlement with a claimant, both prior to and following a verdict in an underlying lawsuit

California federal court holds unintentional conversion not an occurrence

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • November 27 2012

In its recent decision in Alco Iron & Metal Co. v. American International Specialty Lines Ins. Co., 2012 U.S. Dist. LEXIS 166692 (N.D. Cal. Nov. 21, 2012), the United States District Court for the Northern District of California had occasion to consider whether an insured’s intentional acts that result in unintentional harms can be considered an “occurrence” for the purpose of a general liability policy

Florida court allows extrinsic facts for determining duty to defend

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • October 16 2012

In its recent decision in Composite Structures, Inc. v. Cont'l Ins. Co., 2012 U.S. Dist. LEXIS 147320 (M.D. Fla. Oct. 12, 2012), the United States District Court for the Middle District of Florida considered if and when an insurer can rely on facts extrinsic to a complaint for the purpose of determining a duty to defend

Florida court allows rescission of a professional liability policy

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • December 12 2013

In its recent decision in Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc., 2013 U.S. Dist. LEXIS 170981 (M.D. Fla. Dec. 4, 2013), the

Ninth Circuit holds extrinsic facts triggered duty to defend

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 7 2014

In its recent decision in Burlington Ins. Co. v. CHWC, Inc., 2014 U.S. App. LEXIS 3941 (9th Cir. Mar. 3, 2014), the United States Court of Appeals

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

Minnesota Court holds patient bodily injury exclusion applicable

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

In its recent decision in Volk v. ACE Am. Ins. Co., 2013 U.S. Dist. LEXIS 15450 (D. Minn. Feb. 5, 2013), the United States District Court for the

Georgia court holds no coverage for embezzlement claim

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • August 27 2013

In its recent decision in National Reimbursement Group Inc. v. Gemini Ins. Co., 2013 U.S. Dist. LEXIS 118435 (M.D. Ga. Aug. 21, 2013), the United

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