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Results: 11-20 of 201

New York Court addresses late notice as between co-insurers

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • June 8 2011

The decision by the New York Appellate Division, First Judicial Department, in Continental Casualty Co. v. Employers Ins. Co. of Wausau, 871 N.Y.S.2d 48 (N.Y. 1st Dep’t 2008), was a decision of particular note for its discussion of whether the insured’s underlying asbestos liabilities implicated its productscompleted operations coverage, or its ongoing operations coverage

California court addresses payment of self-insured retention

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • January 9 2012

In its recent decision in National Fire Ins. Co. of Hartford v. Federal Ins. Co., 2012 U.S. Dist. LEXIS 641 (N.D. Cal. Jan. 4, 2012), the United States District Court for the Northern District of California had occasion to consider the issue of whether an insured was required to satisfy a self-insured retention with its own funds, or whether the retention could be paid by other insurance

New York court addresses impact of allowing insured to default

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • February 3 2012

In its recent decision in Sunnyside Dev. Co., LLC v. Chartis Specialty Ins. Co., 2012 U.S. Dist. LEXIS 9392 (S.D.N.Y. Jan. 26, 2012), the United States District Court for the Southern District of New York demonstrated the consequences that an insurer faces when allowing an insured to default

Eighth Circuit holds pollution exclusion applicable to sealant fumes

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • May 14 2014

In its recent decision in United Fire & Cas. Co. v. Titan Contrs. Serv., 2014 U.S. App. LEXIS 8879 (8th Cir. May 13, 2014), the United States Court

Massachusetts court holds fee dispute not covered under E&O policy

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • April 7 2011

The recent decision by the United States District Court for the District of Massachusetts in Clermont v. Continental Casualty Co., 2011 U.S Dist. LEXIS 32850 (D.Mass. Mar. 29, 2011) provides an interesting and illustrative study of the limits of coverage under a lawyer’s malpractice policy, in particular, what types of disputes arise out of an attorney’s “professional services.”

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

Oregon Federal Court holds no duty to pay insured’s appellate costs

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

In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012), the United States District Court for the District of Oregon had occasion to consider whether an insurer’s duty to defend includes an obligation to pay for appellate costs involving non-covered claims

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

New York court holds professional services exclusion applicable

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • April 3 2013

In its recent decision in David Lerner Assocs. V. Philadelphia Indem. Ins. Co., 2013 U.S. Dist. LEXIS 46333 (E.D.N.Y. Mar. 29, 2013), the United

Prior litigation exclusion upheld by Washington court

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 30 2011

Application of "pending or prior litigation" exclusions are generally fact-intensive inquiries that have generated a significant amount of litigation