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Results: 1-10 of 20

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

Massachusetts court rules for carrier in property dispute, orders return of advance

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 28 2011

The Massachusetts Appeals Court recently concluded that an insured could not claim property insurance benefits following a fire at its restaurant, because the insured had actual knowledge that its fire-suppression system was no longer functional, and because the insured had exclusive control over the system’s maintenance

Tenth Circuit rules that widespread E. coli outbreak constitutes a single occurrence under liability policies

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • July 26 2012

In Republic Underwriters Insurance Company v. Moore, No. 11-5075, 2012 WL 2948177 (10th Cir., July 20, 2012), the Tenth Circuit Court of Appeals, applying Oklahoma law, held that a restaurant’s general liability insurers were entitled to summary judgment that several hundred E. coli claims against the policyholder arose out of a single occurrence because all of the injuries were caused by one restaurant’s ongoing preparation of contaminated food

Florida Appellate Court holds that insurer must provide separate counsel to co-defendant insureds

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 4 2013

On February 20, 2013, the Florida Third District Court of Appeal held that an insurer was required to provide separate counsel to two

Georgia Federal District Court finds that hot tub water is “intended for bodily consumption”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 11 2009

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub

Court grants, denies summary judgment in Travel Re-Insurance action

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 23 2012

Liberty Travel (and affiliated travel and leisure companies) and Travel Re-Insurance filed cross-motions for summary judgment on a dispute related in part to reinsurance of travel insurance products sold by Liberty to its customers

Insurers dispute coverage for food-related injury

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 15 2011

Seeking a declaration about respective indemnity obligations, National Union Fire Insurance Co. of Pittsburgh, Pa. has filed a complaint in a California federal court against several other insurance companies in a dispute stemming from a neurological injury allegedly caused by the mahi-mahi fish served in a fish burrito at a Rubio’s Restaurant

Taco Bell appeals insurance coverage case to Ninth Circuit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 13 2011

Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak