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The Eleventh Circuit enforces general liability policy’s mold exclusion notwithstanding Florida’s efficient proximate cause doctrine
- Hunton & Williams LLP
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- USA
- -
- June 5 2009
On May 4, 2009, the United States Court of Appeals for the Eleventh Circuit ruled that a mold exclusion in a general liability insurance contract applied to bar coverage for a claim alleging that the negligent failure to install a vapor barrier resulted in mold damage
Treasury releases guidance describing process for evaluating cost basis for Treasury Grant purposes
- Hunton & Williams LLP
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- USA
- -
- July 1 2011
On June 30, 2011, the Treasury Department released guidance describing the process for evaluating the cost basis of projects qualifying for a Treasury Grant under Section 1603 of the American Recovery and Reinvestment Act
Fifth Circuit applies safe harbor protection to power supply contract in real estate manager's bankruptcy
- Hunton & Williams LLP
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- USA
- -
- August 28 2012
On August 2, 2012, the United States Court of Appeals for the Fifth Circuit issued its decision in Lightfoot v. MXEnergy Elec., Inc. (In re MBS Mgmt. Servs., Inc.), Case No. 11-30553 (5th Cir. 2012), holding that a real estate management company’s electricity supply contract qualified as a “forward contract”, payments on account of which are protected from avoidance as preferential transfers under the Bankruptcy Code’s “safe harbor” provisions
California appellate court holds that named insured, not an additional insured, must satisfy conditions under general liability policy’s self-insured retention endorsement
- Hunton & Williams LLP
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- USA
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- March 23 2010
In Forecast Homes, Inc. v. Steadfast Insurance Company, 2010 Cal. App Lexis 172, (January 12, 2010), a California appellate court held that the terms of an insurance contract’s self-insured retention endorsement required that the named insured itself must satisfy the endorsement’s payment provision before coverage would be triggered
Virginia Supreme Court clarifies that extrensic information may be considered when determining an insurer's duty to defend under contracts for homeowner's and umbrella liability insurance
- Hunton & Williams LLP
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- USA
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- May 20 2010
In Copp v. Nationwide Mut. Ins. Co., __ S.E.2d __, 2010 WL 1489735 (Va. April 15, 2010), the Virginia Supreme Court held that where an insurer disclaims a duty to defend on the ground that the complaint alleges only intentional conduct excluded from coverage, the "Eight Corners Rule" does not prohibit consideration of evidence outside the underlying complaint itself, demonstrating that an exception to the exclusion applies and that a defense is therefore owed
Fourth Circuit Court of Appeals rules that Ordinance or Law Sublimit in property policy does not expand limits beyond the specified per location limits
- Hunton & Williams LLP
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- USA
- -
- August 1 2007
The Fourth Circuit Court of Appeals, interpreting Virginia Law, has held that an Ordinance or Law Provision Sublimit in a first property insurance contract did not provide an amount of insurance in addition to the scheduled per location limit
New York High Court affirms that earth movement and settlement exclusions contained in a commercial property policy do not exclude coverage for damage caused by improper excavation
- Hunton & Williams LLP
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- USA
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- June 11 2009
The New York Court of Appeals held, in Pioneer Tower Owners Association v. State Farm Fire & Casualty Company et al., No. 63, 2009 WL 1148649 (Apr. 30, 2009), that an insurance policy’s earth movement and settling or cracking exclusions did not preclude coverage for property damage caused by excavation on an adjacent lot, even where that excavation resulted in a partial collapse of the insured property
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- Workarea - Litigation
- Workarea - Commercial Property
- Jurisdiction - USA
- Firm Name - Hunton & Williams LLP
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