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Virginia Supreme Court also addresses pollution exclusion
- Wiley Rein LLP
- -
- USA
- -
- April 23 2012
On April 20, 2012, the Supreme Court of Virginia, applying Virginia law, held that pollution exclusion endorsements in first-party property policies barred coverage for the insured's product losses caused by contamination of infant formula resulting from a manufacturing mishap
Virginia high court affirms no coverage for climate change suit
- Wiley Rein LLP
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- USA
- -
- April 23 2012
The Supreme Court of Virginia has affirmed that global warming claims made by the village of Kivalina did not allege a covered "occurrence" within the meaning of general liability policies
Fourth Circuit, citing insurance underwriting considerations, strongly endorses pro rata allocation
- Wiley Rein LLP
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- USA
- -
- April 2 2012
The United States Court of Appeals for the Fourth Circuit has issued an opinion forcefully adopting a pro rata time on the risk allocation method, holding that an insurer could be held liable only for periods of risk that it had contracted to cover, even if its policyholder was jointly and severally liable for harm sustained over a longer period
Virginia High Court Mulls Distinction Between "Accidental" Negligence and "Non-Accidental" Negligence in AES Corporation v. Steadfast Insurance Company rehearing
- Wiley Rein LLP
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- USA
- -
- February 28 2012
The justices of the Supreme Court of Virginia considered how to draw a line between covered and non-covered negligence claims during a rehearing oral argument held February 27, 2012, in The AES Corporation v. Steadfast Insurance Company (AES
Supreme Court of Virginia holds that CGL policy does not cover climate change suit
- Wiley Rein LLP
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- USA
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- September 16 2011
The Supreme Court of Virginia has ruled that an underlying lawsuit filed against an energy company policyholder alleging losses caused by the policyholder's contributions to global climate change are not potentially covered by a CGL policy, precluding an insurer's duty to defend, because the suit failed to allege an "occurrence."
Stricker court adheres to dismissal of Medicare claims against liability insurers and others; rejects government's continuing accrual and tolling arguments
- Wiley Rein LLP
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- USA
- -
- August 18 2011
In a significant victory for liability insurers and others, on Friday, August 12, 2011, United States District Court Judge Karon Owen Bowdre rejected the United States' motion to reconsider her September 30, 2010 order dismissing on statute of limitations grounds the Medicare recovery claims brought against the attorneys representing the Abernathy plaintiffs, the chemical companies sued in Abernathy as the alleged tortfeasor defendants and the chemical companies' liability insurance carriers
Coverage insights - July 21, 2011 - Medicare secondary payer issues heat up for insurers
- Wiley Rein LLP
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- USA
- -
- July 21 2011
In recent rulings, courts increasingly are addressing claims concerning insurer rights and obligations under the Medicare secondary payer scheme
No insurer bad faith for delay of claim payment due to uncertain Medicare secondary payer obligations, says Kentucky court
- Wiley Rein LLP
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- USA
- -
- July 20 2011
The United States District Court for the Western District of Kentucky, applying Kentucky law, has held that an insurer did not act in bad faith by delaying payment of policy limits until it determined the exact amount of what the court termed "a known Medicare lien."
Court denies federal private right of action to Medicare Advantage Plan seeking to step into secondary payer shoes of Medicare to sue liability insurer
- Wiley Rein LLP
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- USA
- -
- June 30 2011
The United States District Court for the Eastern District of Pennsylvania joined a small but growing number of federal courts in rejecting a Medicare Advantage organization’s (MAO’s or MA Plan’s) assertion of a private right of action under the Medicare Advantage Program’s secondary payer provisions
High courts hear arguments in precedent-setting climate change cases
- Wiley Rein LLP
- -
- USA
- -
- April 20 2011
On Tuesday, April 19, 2011, oral arguments were held in two significant cases addressing global warming issues
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- Jurisdiction - USA
- Workarea - Insurance & Reinsurance
- Workarea - Litigation
- Firm Name - Wiley Rein LLP
- Author - Laura A. Foggan
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