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Results: 1-10 of 88

Class action round-up - spring 2014

  • Alston & Bird LLP
  • -
  • USA
  • -
  • May 22 2014

In a mortgage-related row, the Ninth Circuit reversed the Central District of California’s grant of summary judgment in favor of several bank

Fifth Circuit holds that “occurrence” policy covers breach of warranty allegations against insurer

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • February 3 2010

In Westchester Surplus Lines Insurance Company v. Maverick Tube Corporation, No. 09-20071, 2009 WL 4680813 (5th Cir. Dec. 10, 2009), the U.S. Court of Appeals for the Fifth Circuit held that a contract for general liability insurance would afford coverage for a breach of warranty claim resulting from a product defect

General liability insurer must defend manufacturing defect claims; gist of the action doctrine rejected

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • December 10 2013

A Pennsylvania appellate court in Indalex, Inc. v. National Union Fire Ins. Co., No. 612 WDA 2012 (Dec. 3, 2013), found that a general liability

Product disparagement and "advertising injury": split of authority brewing in the California Court of Appeal?

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 5 2012

A split of authority is brewing the California Court of Appeal regarding the scope of an insurer’s duty to defend an insured against claims of product disparagement under the “advertising injury” provisions of a commercial general liability policy

Food liability issues: impaired property exclusion precludes coverage for sale of tainted bread

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 26 2008

A Georgia intermediate appellate court recently held that the impaired property exclusion precluded coverage for allegations that the policyholder bakery sold contaminated bread to a sandwich shop

Massachusetts Superior Court denies foreign manufacturer summary judgment for lack of personal jurisdiction, holding manufacturer waived defense through participation in discovery and motion practice regarding merits of suit

  • Foley Hoag LLP
  • -
  • USA
  • -
  • October 2 2012

In American Int’l Ins. Co. v. Ziabicki Import Co., 2012 WL 3039228 (Mass. Super. Ct. July 5, 2012), a valuable painting was damaged when the nails securing the picture hangers to the wall snapped and the painting fell from the wall

Connecticut supreme court limits use of malfunction theory in products liability cases

  • Mayer Brown LLP
  • -
  • USA
  • -
  • August 16 2011

The Supreme Court of Connecticut has held that although the “malfunction theory” permits plaintiffs asserting strict liability to prove a product defect based solely on circumstantial evidence when the product has been destroyed, plaintiffs must introduce sufficient evidence to link their injury to the product defect and show that the defect existed when the product left the manufacturer’s control

Court finds coverage for consequential damages arising from product recall

  • Gray Plant Mooty
  • -
  • USA
  • -
  • January 16 2013

A Minnesota Federal District Court Judge recently ruled that the insured is entitled to defense and indemnification under its commercial liability

Thousands of consumers’ claims for injuries arising from use of contact lens solution constitute separate occurrences

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 8 2010

A New York District Court recently held that thousands of claims by consumers for injuries arising from use of contact lens solution would be treated as separate occurrences

Do you have coverage for product contamination under your property policy?

  • Lowenstein Sandler LLP
  • -
  • USA
  • -
  • May 25 2012

The decision in PBM Nutritionals v. Lexington Insurance Company, No. 110669 (Va. Cir. Ct., April 20, 2012), highlights the hurdles a company must overcome when trying to obtain insurance coverage for a first-party loss involving 'contamination.'