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Estee Lauder Decision Highlights Waiver Argument’s Challenges
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 21 2016

Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage

Lloyd’s Leads the Way? How a Coverage Dispute in New York Could Have Far-Reaching Impacts on the Energy Industry
  • Brouse McDowell
  • USA
  • October 21 2016

While the American energy industry continues to undergo a cooling-off period, disputes related to insurance coverage for damages allegedly caused by

TX Supreme Court will hear arguments in San Jacinto Waste Pits insurance controversy Jan. 15
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • December 8 2014

The Texas Supreme Court confirmed that it will hear oral arguments in McGinnes Indus. Maint. Corp. v. The Phoenix Ins. Co., et al., No. 13-20360

Colorado joins states that exclude insurance coverage under pollution exclusion clauses for traditional and nontraditional pollution events
  • Wilson Elser
  • USA
  • March 5 2013

Pursuant to an opinion issued by the Colorado Supreme Court (the Court) on February 25, 2013, insurance coverage may be excluded under absolute

When a “Pollutant by Any Other Name” Is Not a Pollutant
  • Barnes & Thornburg LLP
  • USA
  • May 6 2016

In most jurisdictions, determining whether a pollution exclusion in a commercial general liability (CGL) policy precludes coverage for a particular

Alabama Supreme Court holds PRP letter triggers duty to defend
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 3 2013

In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed

Words matter settlement agreements should be enforced as written
  • Foley Hoag LLP
  • USA
  • April 2 2013

Sometimes you read a decision and it's hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The

Louisiana court finds settlement of environmental enforcement actions triggers insurance coverage
  • Shook Hardy & Bacon LLP
  • USA
  • April 26 2013

The Louisiana Court of Appeals has ruled that a commercial pollution legal liability policy covered at least some costs to be incurred in connection

District court judge confirms summary judgment victory for policyholder regarding the duty to defend and the pollution exclusion
  • Reed Smith LLP
  • USA
  • April 2 2013

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western

Ninth Circuit narrows insurers' options in pursuing subrogation claims under CERCLA
  • Manatt Phelps & Phillips LLP
  • USA
  • April 18 2013

The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties if its insured had made a written