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Results: 11-20 of 201

Delaware court rejects extrinsic facts in determining duty to defend additional insured

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • April 11 2012

In its recent decision in The Premcor Refining Group v. National Fire Insurance Co. of Hartford, 2012 U.S. Dist. LEXIS 49097 (D. Del. Apr. 6, 2012), the United States District Court for the District of Delaware considered what allegations and extrinsic evidence can be considered in the context of determining a duty to defend a putative additional insured

Alabama Supreme Court holds PRP letter triggers duty to defend

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

In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed

California court denies rescission of insurance policy

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • May 4 2012

In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was entitled to rescission of a general liability policy issued to a contractor based on misrepresentations concerning the nature of work it would be performing

New York court holds negligent supervision claim triggers defense

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

In its recent decision in Am. Auto. Ins. Co. v. Sec. Income Planners & Co., 2012 U.S. Dist. LEXIS 39444 (E.D.N.Y. Mar. 22, 2012), the United States District Court for the Eastern District of New York had occasion to consider exclusions in a professional liability applicable to commingling andor conversion of client funds, and whether these exclusions applied to the named insured’s negligent failure to prevent an employee from committing such conduct

7th Circuit holds no coverage for restitution claim under D&O policy

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

In its recent decision in Ryerson Inc. v. Federal Ins. Co., 2102 U.S. App. LEXIS 7372 (Apr. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider whether an underlying suit seeking rescission of a fraudulent transaction triggered coverage under a directors and officers liability policy

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

Texas appellate court enforces appraisal provision

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • November 26 2013

In a recent decision, the Court of Appeals of Texas for the Fourteenth District revisited the scope of the appraisal process in light of the prior

Fifth Circuit addresses contractual liability exclusion

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • February 22 2012

In its recent decision in Colony Nat'l Ins. Co. v. Manitex, L.L.C., 2012 U.S. App. LEXIS 3311 (5th Cir. Feb. 20, 2012), the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered what constituted an “insured contract” for the purpose of a contractual liability exclusion in a general liability policy

Illinois court addresses coverage for trade dress infringement

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • May 23 2011

In its recent decision Priceless Clothing Co. v. Travelers Casualty Ins. Co. of America, 2011 U.S. Dist. LEXIS 53833 (N.D.Ill. May 19, 2011), the United States District Court for the Northern District of Illinois had occasion to consider the scope of advertising injury coverage afforded under a general liability policy

New Jersey Supreme Court addresses inter-insurer contribution rights

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • September 17 2013

In a case of first impression, the Supreme Court of New Jersey, in its recent decision in Potomac Ins. Co. of Illinois v. Pennsylvania Manufacturer's