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Results: 11-19 of 19

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

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

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"

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

Princeton to pay $20 million to settle bad faith claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 2 2007

Princeton Insurance Company recently agreed to pay $20 million to settle a bad faith claim related to a dram shop lawsuit brought against their insured

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

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