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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

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

Florida court holds insurer has duty to indemnify legionella bacteria claim

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • October 13 2011

In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010), the United States District Court for the Middle District of Florida held that a general liability carrier had a duty to defend its insured in connection with a wrongful death lawsuit arising out of a hotel guest’s exposure to Legionella bacteria

Louisiana court holds allegation of negligence did not trigger duty to defend

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

In its recent decision New Orleans Deli & Dining v. Cont'l Cas. Co., 2011 U.S. Dist. LEXIS 111928 (E.D. La. Sept. 30, 2011), the United States District Court for the Eastern District of Louisiana had occasion to consider whether under Louisiana law, an underlying suit pertaining to the insured’s alleged practice of depriving its employees of tips triggered a duty to defend under a commercial general liability policy

11th Circuit holds E&O insurer has duty to defend legionalla claim

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 12 2014

In its recent decision in James River Ins. Co. v. Hufsey-Nicolaides-Garcia-Suarez Associates, 2014 U.S. App. LEXIS 4415 (11th Cir. Mar. 10, 2014