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Results: 11-19 of 19

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

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

Multiple occurrences in a single E.coli outbreak: double-edged sword for insureds?

  • Stoel Rives LLP
  • -
  • USA
  • -
  • November 1 2010

Marler Clark clients and the owners of the restaurant that sold MarlerClark's clients food they claim was contaminated with E.coli O111 joined forces against the restaurant's insurer

Battery exclusion prevents coverage for exotic dancer set on fire by customer

  • Manatt Phelps & Phillips LLP
  • -
  • USA
  • -
  • October 2 2013

Why it matters: An exotic dancer was the victim of a terrible crime perpetrated by a spurned applicant for a job as an exotic dancer. The victim sued

Connecticut Superior Court grants summary judgment for insurer based on total liquor liability exclusion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 9 2009

An insurer was recently granted summary judgment against its insured based on a commercial general liability insurance policy’s total liquor liability exclusion ("TLLE"

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

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

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